D.C. Appeals Court Limits DOE Emergency Order For Michigan Coal Plant
The D.C. Circuit ruled on Friday, September 11, 2026, that the Department of Energy exceeded its authority when it ordered Michigan's J.H. Campbell coal plant to stay open past its planned May 2025 retirement, limiting a Trump-era emergency power.[1]
Judge Cornelia Pillard wrote that the Federal Power Act's emergency powers are a narrow, last-resort backstop and that no qualifying emergency existed in this case.[1] Michigan, Illinois, Minnesota and several environmental groups sued to block the order, while the Energy Department said its action prevented blackouts during severe winter storms.[1] Financial filings cited in the litigation say keeping the Campbell plant open has cost about $259 million so far, costs expected to fall on Midwest customers.[1]
President Trump issued a national energy emergency order in January 2025 that the Energy Department invoked to force aging coal plants to remain online.[1] The Campbell plant had been scheduled to retire in May 2025 before the agency directed it to keep operating, a move the states and environmental plaintiffs challenged in court.[1]
The decision narrows a key use of the January 2025 emergency order and could constrain the Energy Department's ability to keep other retired or retiring plants operating without clearer evidence of an immediate grid emergency.[1]
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📌 Key Facts
- On Friday, September 11, 2026, the D.C. Circuit held DOE exceeded its authority in forcing the J.H. Campbell Generating Plant to stay open past its May 2025 retirement.
- Judge Cornelia Pillard wrote that the Federal Power Act's emergency powers are a narrow, last-resort backstop and that no qualifying emergency existed.
- Michigan, Illinois, Minnesota and environmental groups brought the challenge, while DOE argues the order prevented blackouts during severe winter storms.
- Financial filings cited in the case indicate keeping the Campbell plant open has cost roughly $259 million to date, costs expected to be borne by Midwest customers.
- The decision undercuts a key use of President Trump’s January 2025 national energy emergency order to keep multiple aging coal plants operating.
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