MADISON COUNTY — The Ohio Supreme Court reversed the Ohio Power Siting Board’s March 2024 approval of the 6,050-acre Oak Run Solar Project and ordered a more thorough review of its visual impact plan. The court sent the case back to the siting board, requiring it to examine photographic images or sketches of the proposed structures before granting final approval.

The majority opinion, authored by Justice Patrick Fischer, found that the Oak Run Solar Project applicant provided less information than state regulations require. Justices Patrick DeWine and Joseph Deters joined Fischer’s opinion.

Local governments in Madison County had challenged the siting board’s approval, arguing it failed to adequately consider battery storage safety, water quality data, and wildlife surveys. The Ohio Supreme Court concluded, however, that these local governments did not present sufficient evidence showing the project would cause harm.

Justice Daniel Hawkins wrote that the siting board approved the project without the required water quality and wildlife studies. “The board approved the project without the required water quality and wildlife studies – and that the plan doesn’t address safety concerns about the battery storage systems that could be toxic if they catch on fire.” Chief Justice Sharon Kennedy and Justice Megan Shanahan joined his opinion.

Kennedy added that the project’s emergency response plan is incomplete and harms local governments. “These are not minute details that can be filled in later, nor are the harms these omissions could cause easily rectified after the fact.”

The Oak Run Solar Project spans more than 6,000 acres across Monroe, Somerford, and Deercreek townships in rural Madison County, about 35 miles from Columbus. It is designed as an agrivoltaic development, combining solar energy generation with agricultural uses such as crop planting and livestock grazing. At least 70% of the farmable area must include agrivoltaics within the first eight years of operation. The project is projected to generate $8.2 million annually for local governments and schools.