The U.S. Court of Appeals for the District of Columbia Circuit unanimously determined that the Department of Energy (DOE) overstepped its authority by ordering the Michigan coal plant to remain operational past its scheduled closure in 2025.
This ruling is significant as it challenges the administration's broader strategy to maintain coal-fired power generation, which has been under scrutiny due to its environmental impact, particularly its contribution to carbon dioxide emissions.
The DOE had previously invoked emergency powers under the Federal Power Act to keep several aging coal plants running, including those in Michigan, Indiana, Washington state, and Colorado. The Michigan attorney general's office reported that the continued operation of the Consumers Energy plant under the emergency order cost the utility $295 million from May 2025 to June 2026.
Following the ruling, Consumers Energy is reviewing its options while still complying with a current DOE order that allows the Campbell plant to operate temporarily.
Environmental advocates, like Michael Lenoff from Earthjustice, argue that the DOE should reserve its emergency powers for actual crises rather than to support a coal-friendly agenda, emphasizing the need for a market-driven approach to energy generation