U.S. appeals court strikes down DoE order keeping Michigan coal plant open

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The U.S. Court of Appeals for the District of Columbia Circuit on Friday struck down the U.S. Department of Energy's emergency order that kept a Michigan coal plant running past its planned retirement date, ruling the order exceeded federal authority after state regulators had approved the retirement. The DoE issued the emergency order in May 2025 to keep CMS Energy's J.H. Campbell plant operating past its retirement date, saying it was necessary to provide stable energy to the grid, and the department has since reissued the emergency order six times. A three-judge panel of the D.C. Circuit sided with the environmental groups and the Michigan attorney general that challenged the order, saying there was no real emergency under the law. Consumers Energy has spent $259M so far to maintain the plant's operations beyond the original May 2025 retirement, which opponents of the order have said likely will be paid by families and businesses in the Midwest. The company said it is reviewing the court ruling but in the meantime will keep the plant operating under terms of the most recent DoE order that extends its directive through mid-November.

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D.C. Circuit struck down the DoE emergency order that kept CMS Energy's J.H. Campbell coal plant running past retirement, siding with challengers.

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