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Federal Court Rejects Emergency Order to Keep Michigan Coal Plant Open

Published 11 September 2026

A federal appeals court ruled on Friday that the U.S. Department of Energy exceeded its legal authority when it used emergency powers to force a Michigan coal plant to remain open past its planned retirement. The unanimous decision by the U.S. Court of Appeals for the District of Columbia Circuit found that the agency's actions did not meet the narrow criteria for an emergency under the Federal Power Act. The ruling specifically addressed a May 2025 order that directed the J.H. Campbell Generating Station in West Olive, Michigan, to continue operating. The plant, owned by Consumers Energy, had been scheduled to close that month after years of planning. Judge Cornelia Pillard, writing for the three-judge panel, stated that the emergency statute is "essentially a narrow, last-resort backstop" and that there was "no emergency within the meaning of the statute" to justify the federal intervention. The decision is a significant legal setback for the Trump administration's broader strategy of using emergency powers to prevent the retirement of fossil fuel plants.

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