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Federal Appeals Court Overturns Emergency Order Keeping Michigan Coal Plant Open
Just the facts
A unanimous three-judge panel determined that Energy Secretary Chris Wright misapplied emergency provisions of the Federal Power Act to keep the 64-year-old JH Campbell Generating Plant in Ottawa County, Michigan, operating beyond May 2025. Environmental organizations alongside state officials from Michigan, Illinois, and Minnesota challenged the directive in court, citing increased pollution and estimated operating costs of $259 million borne by regional ratepayers. Circuit Judge Cornelia Pillard authored the opinion, writing that emergency directives serve as a narrow last resort and that no emergency existed to justify delaying the facility's planned closure. The Department of Energy had previously issued similar emergency orders to maintain operation at coal-fired generation facilities in Colorado, Florida, Indiana, and Washington state.
Why this is news
The U.S. Court of Appeals for the District of Columbia Circuit ruled that the Department of Energy exceeded its legal authority by ordering a Michigan coal-fired power plant to remain open past its scheduled retirement date.
Sources
This summary is compiled strictly from the original reporting below.