Solar Gets Backing Before the Ohio Supreme Court

The Supreme Court of Ohio has received written arguments in a case that could decide the future of large-scale solar projects in Ohio. Underscoring the importance of Ohio’s growing solar industry, NRDC has teamed up with the International Brotherhood of Electrical Workers Local 32 (IBEW) in a joint legal filing that asks the Ohio Supreme Court to reverse a decision of the Ohio Power Siting Board (OPSB), which found that a proposed solar project was not in the “public interest” and thereby was denied certification. 

NRDC is increasingly finding alignment with IBEW as we transition to a clean energy economy, especially on issues such as good local job creation and other important labor standards. The joint filing highlights the urgency of finding common ground and sends a powerful message about the need for an approach to economic development that supports job growth while addressing environmental concerns. Our filing with the others in this case reinforces the idea that in today's world, the path to a sustainable future often involves cooperation across traditional boundaries.

At issue is Birch Solar, a 300-megawatt (MW) solar energy project planned for Allen and Auglaize counties that would generate clean, renewable energy. In an era increasingly marked by wildfires, droughts, floods, superstorms, and the urgency to reduce carbon emissions, projects like this are a crucial step toward a safer future. Still, support for Birch Solar comes from more than just environmental advocates.

In a striking show of unity, the Ohio Chamber of Commerce, the Ohio Manufacturers’ Association, the Ohio Independent Power Producers, multiple clean energy trade associations, and others have all aligned with NRDC and IBEW in asking the court to reverse the OPSB decision. The Birch Solar project is supported by this broad spectrum of stakeholders that are concerned not only for Birch Solar’s future but the future of our state and its energy security. 

Public interest

Public interest is an undefined term in Ohio law, and the OPSB recently declined an opportunity to establish a definition in an agency rule review proceeding. However, whether a project is in the “public interest” is a key determining factor in whether clean energy projects are permitted for construction in the state. Therefore, OPSB’s application of this term has become the subject of intense litigation. After a multiyear development phase, Birch Solar went before the OPSB, and the board determined that the Birch Solar project met every criteria required by its governing statutes except for public interest, which the board decided had not been met. But the board’s conclusion was reached due to a flawed review of its own record, according to the numerous filings made this week with the state’s highest court.

Support for Birch Solar comes from more than environmental advocates

Beyond environmental benefits, the Birch Solar project offers a compelling case for the public interest through the local economic development it will drive. By creating good union construction jobs within the community, the project bolsters the local economy and enhances opportunities for local residents through tens of millions of dollars in annual earnings potential during construction and operation. And the new local government revenue from Birch Solar can be used to provide maintenance for local roads, fire stations, community parks, and other critical public services.

The project has received strong support from the local community. The Allen Auglaize Coalition for Reasonable Energy is a group of local citizens that came together to support the project. They pushed back against widespread misinformation concerning the project’s impact, and they actively participated in discussions, town hall meetings, and public forums to express their endorsement of the project. They also continue to support the project through legal filings of their own. In particular, they highlight the ways that more than $80 million in new revenue to Allen and Auglaize counties would reduce their tax burden, decrease the need for levies, and create good local union jobs while generating clean, pollution-free electricity.

Ultimately, hundreds of signatories to public testimony, nearly 100 public commenters, and many witnesses advocated for the project, and for good reason—the project will bring nearly 1,000 jobs, tens of millions of dollars in payments to the local community, and more energy production to Ohio that will reduce the need for polluting forms of energy. Together, this improves our public health while making us more energy independent. 

The business case for Birch Solar

The Ohio Chamber of Commerce has also recognized the importance of this case in shaping the state's economic future, arguing that the Birch Solar project will directly impact Ohio business operations and investments through its local contribution to the wholesale power markets. In its own filing, the Ohio Chamber of Commerce underscores the vital role that a clean and sustainable energy industry plays in attracting investments to Ohio, enhancing the state’s business climate and ensuring long-term economic viability. Its stance suggests a growing recognition within conservative circles that thoughtful approaches are needed to tackle environmental issues without stifling business development and economic growth. Ohio’s Independent Power Producers also weighed in, saying that the OPSB’s “arbitrary decision undermines critical energy infrastructure development that is required to ensure the security of the electric grid for all Ohioans.”

This week’s filings at the Ohio Supreme Court—supported by the Chamber of Commerce, labor unions, independent power producers, state-based manufacturing companies, local citizens, environmental groups, and more—reflect a growing awareness that sustainability and economic growth can and should coexist, and that collaborative efforts are vital in charting the way forward for Ohio's energy future.