A federal appeals court ruled Friday that the Energy Department exceeded its authority by forcing Michigan’s J.H. Campbell Generating Plant to remain open past its scheduled retirement last year. The unanimous three-judge panel found no real emergency under the Federal Power Act and sided with Michigan, Illinois, Minnesota and environmental groups that challenged the orders.
Energy Secretary Chris Wright had invoked emergency powers to keep the 64-year-old coal-fired plant operating, saying it was needed to ensure reliable electricity in the region. Writing for the U.S. Court of Appeals for the District of Columbia Circuit, Judge Cornelia Pillard said the relevant section of the Federal Power Act “is essentially a narrow, last-resort backstop.”
Pillard wrote that the authority applies only when immediate, essentially last-resort action is necessary and circumstances require the Energy Department to act instead of the states responsible for ensuring adequate electricity resources. She also called the reversal of the Campbell plant’s “long and carefully planned retirement” disruptive.
Michigan Attorney General Dana Nessel, a Democrat, said she was relieved that the court had thrown out an order she described as having “zero basis in reality.” Nessel called the administration’s action an “unlawful political stunt” and said the ruling confirmed that the administration could not create emergencies to bypass the rule of law against Michigan residents’ interests.
The Michigan case is among several legal disputes arising from the Trump administration’s use of emergency authority to keep a half-dozen coal-fired plants operating. Hours after Friday’s ruling, Wright announced another emergency order covering a TransAlta coal plant in Centralia, Washington, which had been scheduled to close at the end of 2025. Other orders apply to plants in Indiana, Colorado and Florida, while an oil and gas plant in Pennsylvania was directed to keep turbines running as protection against electricity shortages in the mid-Atlantic grid.
Critics say the orders are increasing ratepayer bills and causing avoidable air and water pollution. President Donald Trump declared a national energy emergency in a January 2025 executive order, citing rising demand associated with artificial intelligence and data center growth.