Court reportedly voids emergency order keeping Michigan coal plant open
PolicyUnverifiedUpdated:
A court reportedly invalidated the emergency declaration that kept Michigan’s J.H. Campbell coal plant operating. The disputed DOE order had supported continued operation beyond the plant’s planned closure.
A ruling that no sudden power shortfall was shown
According to the report, the DC Circuit Court of Appeals concluded that the Department of Energy had not shown the type of sudden electricity shortfall required for an emergency under the Federal Power Act. The panel voided the declaration concerning the J.H. Campbell Generating Plant. The report says the ruling directly concerns one Michigan plant, while its reasoning could bear on other DOE orders that have blocked coal-plant closures.
The J.H. Campbell Generating Plant had remained open under five DOE emergency declarations, each limited to 90 days.
A unanimous three-judge DC Circuit panel reportedly voided the DOE emergency declaration. Barring an appeal, Michigan can continue the plant’s planned shutdown process.
The reported decision challenges the federal government’s use of emergency authority to keep a scheduled coal plant running. It also draws a line between an immediate supply emergency and ordinary electricity-resource planning.
Sources
- Ars TechnicaTrump's forced coal plant extensions thrown out by judgeRead source →