The first of the emergency orders announced by the U.S. Department of Energy (DOE) to prevent coal plants from being shut down was struck down by a court. The unanimous ruling by a three-judge panel of the DC Circuit Court of Appeals covers the J.H. Campbell Generating Plant in Michigan; however, it was noted that the reasoning could also apply to other plants that DOE has forced to remain open.
The plant, which was scheduled to be shut down last year, continued operating thanks to a total of five emergency orders issued by DOE under the Federal Power Act, each limited to 90 days. Section 202(c) of the law permits intervention when the United States is at war or when an emergency arises due to a sudden increase in electricity demand or an electricity shortage. Michigan and environmental groups, meanwhile, argued that shutting down the old, inefficient and highly polluting plant would not endanger the electricity supply. The court also cited estimates that pollution from the plant could cause the deaths of 30 people per year.
The shutdown plan had been reviewed through Michigan’s regulatory process, objections had been considered, and less expensive, less polluting sources had been planned to come online. The plan had also been approved by MISO, which operates the Midwest electricity grid stretching from Louisiana to Minnesota.
The government presented as justification for the emergency a report stating that MISO’s generation reserves could decline and a presentation indicating that demand could approach supply limits during the summer months. The court said the report was specific to 2024 conditions, projected sufficient resources for “peak load conditions,” and that the presentation showed a seasonal comparison rather than the grid’s actual condition. The judges concluded that Congress did not mean vague claims of summer shortages by the term “emergency.”
The ruling invalidated DOE’s notice. If there is no appeal, Michigan will be able to continue the shutdown process. DOE said it issued more than 55 emergency orders in 2026, more than double the total between 2000 and 2025.
Why it matters
The ruling draws a line around the extent to which the federal government can intervene in state-level power plant shutdown processes carried out on the grounds of electricity supply. The court’s assessment could affect not only the situation of a specific facility but also the legal viability of using emergency authority based on uncertain and seasonal risks. The outcome therefore brings back into focus the balance between the pollution and health effects of aging power plants on the one hand and grid operators’ assessments of supply security on the other; Michigan’s plan to transition to cheaper and less polluting sources also takes on importance within this framework. How the ruling will affect the other orders, whether the government will appeal, and how quickly the plants’ shutdown processes will move forward remain unresolved.
Background
Trump is not a new name in the FikirPilot archive: we have published 13 articles mentioning the name in the past 90 days; the most recent is dated September 10, 2026.
Term: grid
The electricity grid is the transmission and distribution network connecting generation facilities to consumers; supply and demand must be balanced instantaneously.