RWE feeds Oracle's AI data centers while suing a Michigan farm family for 30% of its solar site

The week RWE signed a 433 MW deal backing Oracle's Texas data centers, it refiled state papers for a $300 million Michigan solar farm that one township and one farm family are tying up in court. The AI buildout has a new cost line: land litigation.

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Vincent JiangVincent Jiang · 3 min read
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Rows of ground-mounted solar panels stretching across an open field at sunset in the United States
1 / 6Slide 1 of 6
Rows of ground-mounted solar panels at a US photovoltaic plant. RWE's $300 million Silver Maple project would put about 200 megawatts on 1,900 acres of Michigan farmland, a third of it on parcels one farm family says its lease never opened.

A dead farmer's lease goes to trial

James M. Smallegan signed an "Option for Solar Lease" in November 2020. He has since died; his widow Patricia and son James say the deal allowed surveying and nothing more, and expired on 19 November 2025 1. RWE calls the language clear and sued to force access to parcels holding about 30 percent of its planned site. A judge denied the family's bid to dismiss, and a bench trial opens 8 October 123.

A weathered wooden barn standing in a green cornfield on a Midwest farm
A Midwest barn in corn. The Smallegan family says its lease allowed surveying on parcels like these and expired in November 2025. · USDA Natural Resources Conservation Service

The state law that started the fight

Silver Maple is a $300 million, 200-megawatt project across roughly 1,900 acres of Zeeland and Jamestown township farmland, permitted not by the townships but by the Michigan Public Service Commission under Public Act 233, signed by Governor Gretchen Whitmer in November 2023 12. RWE suspended its approval schedule in July 4, then withdrew its application and refiled it this month, adding Ottawa County as an affected local government 2.

The refiling triggered a state law requirement that Zeeland Township receive $50,000 in intervenor funds toward its legal costs 2. A law built to bypass township boards is now bankrolling the fight against the bypass.

Silver Maple's refiling moved one number: $50,000 of legal costs onto the township

  • Before refiling
  • After refiling
05001,0001,5002,000Project investment ($300M)3003000.0%Township intervenor funds($50K)050Site area (1,900 acres)1,9001,9000.0%
Data
Before refilingAfter refilingChange
Project investment ($300M)3003000.0%
Township intervenor funds ($50K)050—
Site area (1,900 acres)1,9001,9000.0%
The refiling changed neither the project's $300 million investment nor its 1,900-acre footprint, but it triggered a Michigan requirement that Zeeland Township receive $50,000 in intervenor funds toward its legal costs. Figures from court and regulatory coverage of the refiling, 22 and 23 September 2026.1,2

Silver Maple is the second act of a genre The Inference covered on 21 September, when an AI buildout waited on a Virginia county board.

The demand side is not waiting

On 17 September, the same day RWE asked a federal judge to throw out the township's suit 1, it announced a 433-megawatt virtual power purchase agreement with Oracle, part of an Oracle portfolio exceeding 1.7 gigawatts behind its Texas data centers 5.

The agreement draws on three wind farms already generating in West Texas: Panther Creek I, II and III 5. That is the mechanism: a virtual PPA pays for output already on the grid, so the Oracle deal clears while the Michigan 200 megawatts, the next supply in RWE's pipeline, wait on a courtroom.

RWE's one Oracle deal is more than twice the Michigan farm stuck in court

0 MW500 MW1,000 MW1,500 MW2,000 MWOracle Texas portfolio (1,700+)RWE-Oracle VPPA, windSilver Maple, in court200 MWone family ties up 30% of thissite
Data
Generating capacity (MW)
Oracle Texas portfolio (1,700+)1,700 MW
RWE-Oracle VPPA, wind433 MW
Silver Maple, in court200 MW
Generating capacity in megawatts. Texas figures from RWE's 17 September 2026 announcement; Silver Maple from its state application as reported 23 September 2026; the 30 percent site share from court coverage of the Smallegan lease suit.5,2,1
Wind turbines rising from West Texas rangeland, seen through tall grass
Wind on West Texas rangeland. The three Panther Creek wind farms feeding RWE's Oracle agreement are already generating. · USDA NRCS Texas

RWE's defense: the township sued the wrong party

RWE's lawyers say Zeeland Township should have sued the state that wrote the law, not the company, and that the township never enacted an energy ordinance, leaving "nothing to enforce on its own" 1. The township filed its constitutional challenge in Ottawa County Circuit Court; RWE removed it to the U.S. District Court for the Western District of Michigan, and the township has asked a federal judge to send it back 26. The company declines to comment on pending litigation but says it "remains committed to Silver Maple Solar" 6.

The township escalates

Supervisor Kerri Bosma signed a 24 September letter asking President Trump and the secretaries of energy and agriculture to come see the farmland, warning of "long-term negative impacts on farming, community character, local infrastructure and food production" 7. State Senator Roger Victory and Ottawa County commissioners Joe Moss and Jacob Bonnema stood beside her at the press conference 8. She is also exploring a purchase-of-development-rights program to preserve farmland 7.

What October decides

If the Smallegans lose on 8 October, access opens to about a third of the site. If the constitutional challenge returns to state court, the question of whether PA 233 can strip local control restarts there. Either way the pattern holds: Oracle's demand clears in Texas on power already built, and the supply meant to follow it is argued over in an Ottawa County courtroom.

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