Attorney General Alan Wilson issues statement regarding Silfab Solar

(COLUMBIA, S.C.) –The South Carolina Attorney General's Office recently retained an outside consultant to review potential zoning issues related to Silfab Solar in York County, South Carolina. As part of this review process, the consultant and counsel within the Attorney General's Office reviewed a large number of documents, including legal documents from three separate lawsuits concerning Silfab. Although these lawsuits raise different claims and involve multiple parties, all three may have the potential to resolve issues related to Silfab.

After reviewing these documents, the Attorney General's Office acknowledges that there is currently some legal uncertainty regarding Silfab's zoning. Two recent court orders from the pending lawsuits demonstrate this uncertainty.

In a court order from January 2026, the court generally determined that Silfab was properly zoned, finding that County Council ratified the 2022 zoning verification letter for Silfab in a Fee in Lieu of Taxes (FILOT) agreement in 2023. That order is on appeal.

Just weeks ago, a second judicial order related to zoning was issued in another pending case by a different judge. That order affirmed an appeal of the 2024 decision of the Board of Zoning Appeals (BZA) that solar panel manufacturing is not a light industrial zoning use and created at least a potential ambiguity as to the effect of the FILOT agreement. Silfab has requested that the Court reconsider its Order, suggesting that it conflicts with the January 2026 court order. A hearing on that motion has now been scheduled for August 26.

Separately, in another pending case before a third judge, a court is seeking to determine whether the 2024 BZA ruling applies retroactively. The Court has placed that case on hold, but the Plaintiff has recently asked that the suit be allowed to proceed.

The Attorney General's Office recognizes the sincere concerns of the community, and their desire to reach a resolution. However, because multiple cases involving Silfab remain pending before the courts, the legal issues surrounding the company's zoning and operations have not been resolved. Once the court system has issued a final ruling in these cases, the Attorney General's Office will evaluate what steps may be appropriate.