Key facts
- A federal appeals court struck down a Trump administration order to keep the J.H. Campbell Generating Plant in Michigan open.
- The court found the Department of Energy exceeded its authority under Section 202(c) of the Federal Power Act.
- The order for the Michigan plant was issued by the Trump administration to prevent its planned retirement.
- Environmental groups and the State of Washington are challenging similar DOE orders for the TransAlta coal plant in Centralia, Washington.
- The DOE orders are intended to keep aging, expensive, and unreliable coal-burning power plants operating.
A federal appeals court has ruled against a Trump administration order that sought to keep the J.H. Campbell Generating Plant in Michigan operating beyond its planned retirement date. The court found that the Department of Energy (DOE) overstepped its authority by issuing an emergency order under Section 202(c) of the Federal Power Act without sufficient evidence of an imminent shortfall.
The Trump administration had issued several such orders to prevent the retirement of aging coal-burning power plants across the country, arguing for their necessity in maintaining energy supply amid rising electricity demand. However, environmental groups and state officials contend these orders are unlawful, ignore existing energy planning, and impose unnecessary costs on consumers while exacerbating pollution.
In the case of the J.H. Campbell plant, Consumers Energy had planned to close the nearly 70-year-old facility. The DOE's order, issued in May, mandated its continued operation past the May 31 planned closure. Nine environmental groups, including Sierra Club and Earthjustice, challenged this order, stating it was "unlawful and unreasonable." Michigan Attorney General Dana Nessel is also intervening in a related case filed by Consumers Energy, which seeks to assess the costs of operating the plant on grid customers.
Similar challenges are underway for other coal plants, including the TransAlta plant in Centralia, Washington. Public interest groups and the State of Washington have filed lawsuits arguing the DOE's emergency orders for that plant also lacked evidence of a genuine emergency and contradicted state laws and agreements aimed at phasing out coal power.