Court strikes down DOE’s unlawful coal plant order in win for public health
WASHINGTON – Today, the U.S. Court of Appeals for the D.C. Circuit struck down the Department of Energy’s (DOE) unlawful May 2025 order that forced the J.H. Campbell power plant in Michigan to remain open beyond its planned retirement.
“DOE’s order to keep the aging, uneconomic, and polluting Campbell plant running was a misuse of power, and the D.C. Circuit was right to strike it down,” said Frank Sturges, senior attorney at Clean Air Task Force (CATF). “Despite the agency’s claims that the unreliable plant was ‘essential’ to addressing a supposed emergency, there was no evidence to support that assertion. There is, however, clear evidence that retiring the plant will deliver public health and economic benefits to Michiganders without compromising electricity supply. As the court recognized, ‘the coordinated, years-long process’ for the Campbell plant’s retirement included plans to replace the plant’s generation with cleaner sources. In addition, CATF estimated its closure will save up to $1 billion on health costs and save nearly 70 lives annually in Michigan alone. As the court ruled, the order depended on ‘DOE’s misconception of the nature and scope of its emergency authority,’ and the court made clear DOE’s unjustified use of its emergency authority is ‘disruptive’ and ‘upends’ careful decisions reached after years of input and expert analysis. With this ruling, it is now past time for DOE to end its unjustified emergency orders keeping fossil units slated for retirement online.”
In May 2025, DOE issued an order under an emergency provision of the Federal Power Act to block the closure and continue the J.H. Campbell plant’s operation. DOE has issued similar orders to force several other aging and highly polluting power plants to keep running past their planned retirements. A CATF analysis estimates that allowing plants planned to close by 2028 to retire on schedule, rather than forcing them to remain open, will save more than $28 billion in health-related costs and prevent nearly 2,000 deaths across the United States.
“The D.C. Circuit’s decision today marks a critical win for Michiganders, who have been paying $640,000 every day for energy we don’t need since the Campbell plant was forced to remain open – at a time when families are struggling more than ever with sky-high energy bills. Campbell is an aging, uneconomic, and highly polluting plant, and it is past time to shut it down,” said Charlotte Jameson, Chief Policy Officer for the Michigan Environmental Council. “We call on the Department of Energy to stop its practice of issuing orders outside its authority so that Consumer’s Energy can move swiftly to resume retirement of Campbell and protect Michigan from unnecessary downstream costs, toxic air, and polluted water.”
CATF represents the Michigan Environmental Council in the case.
Press Contact
Samantha Sadowski, Senior Communications Manager, U.S., ssadowski@catf.us, +1 202-440-1717
About Clean Air Task Force
Clean Air Task Force (CATF) is a global nonprofit organization working to safeguard against the worst impacts of climate change by catalyzing the rapid development and deployment of low-carbon energy and other climate-protecting technologies. With 30 years of internationally recognized expertise on climate policy and a fierce commitment to exploring all potential solutions, CATF is a pragmatic, non-ideological advocacy group with the bold ideas needed to address climate change. CATF has offices in Boston, Washington D.C., and Brussels, with staff working virtually around the world. Visit catf.us and follow @cleanaircatf.
