Court Rules Trump Overstepped to Keep Michigan Coal Plant Open — SkimNews
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- D.C. Circuit Court ruled Friday that the Department of Energy overstepped when it ordered the J.H. Campbell coal plant in Michigan to stay open past its planned retirement, with Judge Cornelia Pillard writing the Federal Power Act emergency statute "is essentially a narrow, last-resort backstop."
- The Trump administration invoked emergency powers under the Federal Power Act last May to keep the 64-year-old plant running, one of seven fossil fuel plants forced to stay open under the president's "national energy emergency" declared on his first day in office.
- The J.H. Campbell plant has emitted 1,000 tons of nitrogen oxides, 2,000 tons of sulfur dioxide, and 140 tons of particulate matter since being forced to stay open, potentially contributing to about 100 new asthma cases among the 3,000 residents of nearby West Olive, Michigan.
- Consumers Energy Company is seeking to recover $259 million in continued-operation costs from customers across Michigan and 10 other states.
- The ruling doesn't force an immediate shutdown — the administration could seek rehearing or Supreme Court review, potentially delaying action for months.
- The precedent affects lawsuits against six other fossil fuel plants that had been on hold pending this decision, with environmental attorneys saying the legal arguments are "pretty similar."
- Environmental groups highlighted a contradiction: the Trump administration had committed about $4 billion in payouts to halt offshore wind projects that could have powered more than 15 million homes — while simultaneously fighting to keep aging coal plants online.
Why it matters: The ruling narrows the practical scope of Trump's "energy emergency" powers even as he can still invoke the label. Consumers Energy is already moving to recover $259 million in excess costs from ratepayers across 11 states, and the precedent could force shutdown decisions at six other aging fossil fuel plants once their paused lawsuits resume.
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