WASHINGTON (AP) — In a defeat for the Trump administration, a federal court on Friday ruled that the Energy Department exceeded its authority when it forced a Michigan coal-fired power plant to stay open past its scheduled retirement date last year.
Energy Secretary Chris Wright had said the 64-year-old J.H. Campbell Generating Plant was needed to ensure reliable electricity in the region, and he used emergency powers to keep it operating. Environmental groups and three states — Michigan, Illinois and Minnesota — went to court to try to overturn orders keeping the plant online.
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The U.S. Court of Appeals for the District of Columbia Circuit sided with the states and the groups, saying there was no real emergency under the law.
The section of the Federal Power Act that allows emergency orders “is essentially a narrow, last-resort backstop," Appeals Court Judge Cornelia Pillard wrote for a unanimous three-judge panel. Use of emergency authority “is triggered only when there is a need for immediate, essentially last-resort action and the circumstances require action by DOE in particular, as opposed to action by the state or states responsible for resource adequacy," she added.
Reversing the Campbell plant's “long and carefully planned retirement" is "disruptive," Pillard wrote.
Michigan Attorney General Dana Nessel said she was relieved the appeals court “threw out DOE’s order that had zero basis in reality.”
Nessel, a Democrat, said her office “has been fighting this unlawful political stunt at every turn, and this ruling proves what we have been saying all along: this administration does not get to invent fake emergencies to bypass the rule of law against the best interests of Michigan residents.”
The Michigan case is one of several legal disputes that have emerged across the country as the Trump administration uses emergency powers to force a half-dozen coal-fired plants to remain open.
The orders, which also apply to plants in Indiana, Colorado, Florida and Washington state, are raising ratepayer bills and adding air and water pollution that could have been avoided, critics say. An oil and gas plant in Pennsylvania was also ordered to keep its turbines running as a hedge against electricity shortages in the mid-Atlantic grid.
President Donald Trump declared a national energy emergency in a January 2025 executive order, citing demand increases from artificial intelligence and data center growth.
An Energy Department spokesperson said the emergency orders — including at Campbell — “prevented blackouts and likely saved hundreds of lives during peak capacity events this past year,” especially severe winter storms in late January and early February.
At the peak of the storms, coal generation in affected regions increased by 25% compared to the previous year, spokeswoman Emily Matthews said. The Campbell plant provided over 650 megawatts — enough power for hundreds of thousands of homes — every day from Jan. 21 to Feb. 1, she said.
The Energy Department "will continue to protect and defend energy security for all Americans,” she said.
Keeping the Michigan plant open beyond its May 2025 retirement has cost about $259 million so far, according to new financial filings. Those losses will likely be paid by families and businesses in the Midwest, opponents of the order say.
Consumers Energy, which operates the Campbell plant, said it was reviewing the court ruling. In the meantime, the utility will keep the plant operating under terms of a recent DOE order that extends its directive through mid-November, spokesman Brian Wheeler said in a statement.
Ted Kelly, U.S. clean energy director at the Environmental Defense Fund, said the court ruling rejected the Trump administration’s nationwide effort to force “unreliable, aging coal plants that are bleeding money and polluting communities to stay online.”
The Energy Department's “unlawful actions attempted to make families and businesses in the Midwest wastefully pay hundreds of millions of dollars for a coal plant that should have been shut down over a year ago,” Kelly said Friday. The Campbell plant and other aging sites are “incredibly expensive, dangerous to our health and break down frequently,” he said.
Sanjay Narayan, a lawyer for the Sierra Club, called the ruling a victory for families across the Midwest who are “paying to keep this old, expensive and dirty power plant online.”
The Trump administration “has been pulling out all the stops to try to bolster dirty and expensive fossil fuels at public expense. This reckless agenda will not succeed,” Narayan said. "We will continue to fight back against the other illegal extensions across the country.”
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Associated Press writer Ed White in Detroit contributed to this story.
