Thursday, January 16th, 2025
Developers pull plug on Auglaize solar farm
By William Kincaid
Developers have pulled the plug on a proposed 300-megawatt solar farm in Allen and Auglaize counties.
Birch Solar 1 LLC requested that the Ohio Supreme Court dismiss its appeal against the Ohio Power Siting Board, which denied it permits and a request for a rehearing.
An attorney who made the court filing on Jan. 9 indicated that Birch Solar 1 LLC "has elected to suspend further development of the solar facility at issue in the appeal."
On Monday, the Ohio Supreme Court granted Birch Solar 1's application for dismissal, court records show.
Prior to the application for dismissal, oral argument on the merits of the case had been scheduled for Feb. 13 in Ohio Supreme Court.
Birch on Feb. 12, 2021, applied to OPSB for a certificate to construct a 1,410-acre utility-scale solar farm with the potential to create enough energy to power 55,000 homes. The energy would have been sold to Amazon operations locally.
It also would have brought in payment in lieu of taxes (PILOT) revenue of more than $1 million annually to local school districts for 35 years and created 400 or more jobs during an 18-month construction period, according to Lightsource bp, the company behind the proposal.
The project garnered much local attention. Planned for 10 miles southwest of Lima, the boundaries of the project would reach into Shawnee Township in Allen County and Duchouquet and Logan townships in Auglaize County.
OPSB on October 20, 2022, rejected the initial project application, noting "the record establishes that the Project fails to serve the public interest, convenience, and necessity."
OPSB staff reports and recommendations also alleged the project was unanimously opposed.
A month later, Birch Solar LLC, Allen Auglaize Coalition of Reasonable Energy (AACRE), a group of residents advocating the adoption of utility-scale solar that respects local needs, and Local Union 32 (IBEW) filed applications for a rehearing.
Birch alleged four points of error in the board's decision, according to the order summary. The alleged errors focused on the board's reliance on evidence provided by local legislative authorities to determine that the project did not satisfy a component of state law - the public interest, convenience and necessity.
The claims of a joint application by AACRE and IBEW largely overlapped with those of Birch, an order summary states.
The board reportedly "reviewed and considered all of the claims and arguments" contained in the applications for rehearing.
Contrary to the claims, the board took into account supporters of the proposed solar project and their positions, including the economic benefits such as PILOT revenue, air quality and climate impact improvements, protecting landowner rights and preserving agricultural land use, according to the order summary.
"However … the project was contemplated by the Board through a broad lens and those benefits were compared to the impact of the project on those individuals who would be most impacted," the order summary reads.
It also addressed and rejected the other alleged errors in its original decision before ruling against a rehearing.
"In our determination regarding the public interest, we must consider … the matter and degree of opposition of the local governments impacted by the project," the order summary states.
On June 15, 2023, the board denied the application for rehearing.
"The Board reiterates that … both the local government opposition (that of Allen County, Auglaize County, Shawnee Township, and Logan Township) and the public opposition from public commenters and local residents who testified at the public hearing, factored into the Board's decision," an order summary reads.
In response, AACREclaimed the board misinterpreted the public interest requirement of state law and used it as a political tool to deny the project.
Birch Solar LLC then appealed the board's decision with the Ohio Supreme Court.
More information about the proposed project can be found at birchsolarfarm.com, which remained live as of press time.
