Michigan township fights against state law as Whitmer unveils data center pledge
Fabius Township in Michigan is actively fighting against a state law, Public Act 233 of 2023, which limits local control over large energy and data infrastructure projects. This action follows the township's experience with a solar project where state authority superseded local decisions, and comes as Governor Whitmer proposes a pledge for data center companies on environmental and cost impacts. The township seeks to regain local decision-making power for such developments, including data centers, which residents largely oppose.
Michigan is currently experiencing a conflict between state control and local governance regarding the expansion of energy and data infrastructure. Governor Gretchen Whitmer recently launched the Michigan Affordable and Responsible Growth Action Plan on July 15, urging data center companies to sign a pledge addressing costs, water usage, and grid impact. She also called on state lawmakers to codify existing safeguards into law.
Simultaneously, Fabius Township, a small rural community in St. Joseph County with approximately 3,300 residents, is pushing back against the state's approach. The Fabius Township Board of Trustees, led by Supervisor Dan Wilkins, unanimously passed a resolution demanding that Lansing return control to local leaders. Wilkins stated that their actions stem from previous experiences where local authority was diminished, specifically referencing a solar array and battery energy storage system (BESS) project that proceeded on township farmland despite significant local opposition.
The state's Renewable Energy Act (Public Acts 233 and 235), enacted in 2023, aims to streamline large-scale renewable energy projects to help Michigan achieve 100% carbon-free energy by 2040. This legislation grants developers the option to seek state approval for projects, effectively superseding local decisions. Wilkins lamented that this law "took it out of our hands to the point where we pretty much got stuck with what we got stuck," referring to the 178-megawatt solar array and 122-megawatt BESS project by EDP Renewables (Three Lakes Solar and Battery Storage) near Three Rivers.
While the solar project is now a settled matter, Wilkins emphasized that the "data center issue isn't divisive at all. It's almost unanimously residents against it. They just don't want it." After observing more than 70 townships unsuccessfully challenge the law in state court, the Fabius Township board is now pursuing a different strategy: directly challenging the law to secure "opt-in, opt-out" power for local communities over such developments.