With the rising cost of oil and gas, many companies, individuals, and municipalities are looking for inventive ways to use alternative energy. Foster Swift is on the cutting edge of alternative energy, working with municipalities and companies to implement and regulate wind farms and geothermal systems. Because the energy group comprises attorneys from backgrounds in different areas of the law, clients will benefit from the wide knowledge base available to solve their issue. By combining attorneys from different disciplines, clients may be certain that multiple legal aspects were considered in their matter's resolution.
From traditional coal, nuclear, and gas power plants to alternative wind energy farms, Foster Swift’s attorneys help municipalities with the legal and regulatory issues presented by energy providers, including zoning matters and property tax appeals. Our clients are located across the state, from the Upper Peninsula to the “Thumb” to the coast of Lake Michigan.
ZONING & PLANNING
Foster Swift’s attorneys help municipalities develop zoning standards for wind energy farms and other energy providers; adopt temporary moratoria on new energy developments, when necessary; process applications for special land use permits submitted by developers; handle litigation or administrative appeals filed by developers or neighboring landowners; and enforce zoning requirements. We work closely with local officials to navigate these controversial issues, which often draw large crowds and media attention at meetings. Foster Swift is frequently hired as specialty counsel to handle zoning issues related to alternative energy and can collaborate with the municipality’s corporate counsel to ensure seamless and effective legal representation.
PROPERTY TAX APPEALS
A property tax appeal filed by a long-standing power plant or a new alternative energy development can present a significant threat to a municipality’s tax base. Foster Swift’s attorneys have extensive experience in representing local taxing units in these complex, high-stakes tax appeals. From valuation appeals in the Michigan Tax Tribunal to pollution control exemption disputes in the State Tax Commission, having expert legal counsel in your corner is crucial. Our attorneys are also skillful negotiators who can often reach settlements that protect the municipality’s interests while reducing litigation costs. As with our land use work, Foster Swift’s attorneys can handle property tax appeals as specialty counsel.
Real Estate
- Land acquisition and representation of landowners with respect to leases unique to the oil and gas industry.
- Representation of landowners with respect to wind leases.
- Representation of operators of wind farms.
- Representation of oil and gas service company acquiring Michigan assets, including transfer of disposal wells and solid waste processing facility.
- Consultation and advice on remediation of sites contaminated from oil and gas production facilities.
Publications & Alerts
- Michigan’s “Homeowner’s Energy Policy Act”: Transforming HOA Policies, Foster Swift Finance, Real Estate & Bankruptcy Law News, July 1, 2024
- Summary Language Approved for Proposed Ballot Initiative to Repeal Renewable Energy Siting Law, Municipal Law News E-blast, January 22, 2024
- Update: Whitmer Signs Energy Bills, Restricting Facilities, Foster Swift Municipal Law News E-blast, November 30, 2023
- Proposed Bills to Affect Energy Facilities, Foster Swift Municipal Law News E-blast, November 16, 2023
- The Next Controversial Land Use: Utility-Scale Battery Facilities, Foster Swift Municipal Law News, September 18, 2023
- 2023 Legal and Regulatory Developments for Agribusinesses, Foster Swift Agricultural Law News, August 30, 2023
Events
- Innovative Approaches to Wind and Solar, Community Economic Development Association of Michigan (CEDAM), June 7, 2023
News
- Foster Swift Files Motion for Preliminary Injunction to Block MPSC’s Unlawful October 10 Order, Globe Newswire, November 22, 2024
- Foster Swift Files Appeal on Behalf of Over 70 Michigan Municipalities to Protect Local Control Over Renewable Energy Regulations, Meltwater Newswire, November 8, 2024
- Foster Swift Attorneys Named 2025 Best Lawyers in America, Best Lawyers in America, August 15, 2024
- 17 Attorneys Selected to 2024 Michigan Super Lawyers and “Rising Stars”, Michigan Super Lawyers, August 12, 2024
- Foster Swift Attorneys Named 2023 Best Lawyers in America©, Best Lawyers in America, August 18, 2022