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Ohio Supreme Court decisions could empower local opposition, complicating renewable energy project development in the state.

Two upcoming decisions by the Ohio Supreme Court could further empower local opponents to block clean energy projects in the state of Ohio, making it harder for new renewable projects to be developed. The court’s decisions will determine if local opposition is enough for the Ohio Power Siting Board to conclude a project is not in the public interest when it otherwise meets all statutory criteria. Solar developers are appealing two recent siting board decisions, alleging that regulators took a narrower view of “public interest” than they and courts previously did, effectively changing the legal standard and giving outsized weight to local opposition. The state law provides eight criteria for approving new electric generation, including impacts on the environment, water conservation, and agricultural land, as well as whether a facility will serve the interests of electric system economy and reliability. The companies argue that each project meets these criteria.

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