For more than a year, the Energy Department has ordered the J.H. Campbell coal plant in West Olive, Michigan to keep running despite its plans to close in May 2025, citing an “energy emergency.”
On Friday, a three-judge panel at the United States Court of Appeals for the District of Columbia Circuit that the administration overstepped in its use of emergency powers.
The Michigan plant is one of several coal plants that the Energy Department has forced to stay open using emergency orders under a provision of the Federal Power Act. The provision had been used by previous administrations for only a few days at a time during extreme weather events.
In the ruling, Judge Cornelia Pillard emphasized that it’s up to states to decide how to manage power generation, and that the federal government should only intervene when states and grid operators are unable or unwilling to respond.
