A federal appeals court on Friday ruled that the Trump administration's Energy Department exceeded its authority when it forced a Michigan coal-fired power plant to remain open past its scheduled retirement date.
The U.S. Court of Appeals for the District of Columbia Circuit sided with environmental groups and three states—Michigan, Illinois, and Minnesota—that challenged the order keeping the 64-year-old J.H. Campbell Generating Plant operating.
Energy Secretary Chris Wright had invoked emergency powers to keep the plant online, arguing it was necessary to ensure reliable electricity in the region. The appeals court found no legal basis for that determination.
In a unanimous decision by a three-judge panel, Appeals Court Judge Cornelia Pillard wrote that the section of the Federal Power Act permitting emergency orders "is essentially a narrow, last-resort backstop." The court concluded that reversing the Campbell plant's "long and carefully planned retirement" did not meet the legal threshold for emergency action.