DOE exceeded its authority with coal retirement delay, states tell appeals court
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- DOE ordered Consumers Energy’s 1,560‑MW Campbell coal plant to remain operational past its planned May 31, 2025 shutdown, citing “substantial evidence” of a grid emergency in the MISO footprint.
- Consumers Energy received the order under the Federal Power Act’s section 202(c), which gives the DOE secretary “sole discretion” to act during emergencies; the order was renewed and now expires May 18.
- Michigan (on behalf of the three states) and Earthjustice sued, arguing DOE exceeded authority and failed to prove a grid emergency, warning the order could override state and FERC planning processes.
- ClearView Energy Partners noted the case is the first of several challenges to DOE’s stay‑online orders and that a loss for either side will likely be appealed to the Supreme Court.
- DOE has issued similar emergency orders for five other plants—four coal‑fired—re‑issuing each before expiration, indicating a broader pattern of federal intervention in plant retirements.
Why it matters: States and environmental groups risk losing planning autonomy while utilities gain continued revenue; a court ruling could lock federal authority over plant retirements, affecting grid reliability and emissions targets.
