05/27/2026
Today, the Ohio Supreme Court issued its decision in our appeal of the Oak Run Solar project. While the decision is nuanced, its effect appears promising.
Although not definitive for the future of the project, in a 6-1 ruling the Court agreed with our argument that Oak Run's failure to provide "photographic simulations or artist's pictorial sketches of the proposed facility from public vantage points" prevented the Ohio Power Siting Board from fulfilling its statutory obligations in considering the full impact of the project.
Of our three other application deficiency arguments pertaining to water-quality, wildlife surveys, and fire safety, six justices agreed that these pieces were improperly omitted while a minority of three agreed that we were harmed by their absence. Consequently, these portions of Oak Run Solar's application were upheld.
Nevertheless, the Court remanded the application back to the Power Siting Board. If it chooses to proceed, Oak Run will be required to submit the missing simulations prior to another public hearing on the visual impacts of the project. That public hearing cannot occur for at least 45 days after Oak Run submits the missing information, which means it could be several months before the Power Siting Board votes again on the certificate. That timeline is highly disadvantageous for Oak Run.
Last week, Oak Run submitted a request for expedited ruling to the Ohio Supreme Court. That submission read in part, "Oak Run faces fatal time pressures that may result in the failure of the Project even if the Board’s decision is ultimately upheld. Oak Run requests a ruling as soon as possible in order to have certainty before making imminent critical investments that are required to meet the Project’s contractual deadlines. Without a ruling, the Project will be effectively abandoned due to the lack of certainty on the permit’s validity."
While they didn't say it in their submission to the Court, the reality is Oak Run is quickly running out of time to be eligible for the federal solar subsidies. The One Big Beautiful Bill Act included a provision that any industrial solar project that has not begun construction by July 4th, 2026 must be completely constructed and fully operational by December 31st, 2027 to receive the Section 48E Clean Electricity Investment Credit.
It is virtually impossible to see how Oak Run could legally begin construction by July 4th, just five and a half weeks away. And if they miss that deadline, it is equally impossible to imagine how the project could be constructed and fully operational by December 31st, 2027.
While I cannot yet say for sure, it is my fervent hope that today's decision signifies the end for Oak Run Solar. As always, I will provide any further updates as they come available.
The majority on the Ohio Supreme Court said that plans for a massive solar project in Madison County did not include adequate visual plans.
