D.C. Circuit Rules Trump’s DOE Illegally Forced J.H. Campbell Coal Plant to Keep Running
FOR IMMEDIATE RELEASE September 11, 2026
Unanimous panel vacates the order that blocked Michigan’s approved plan to retire the aging coal plant
WASHINGTON, D.C. – The U.S. Court of Appeals for the D.C. Circuit today ruled that the Trump administration’s Department of Energy illegally forced the J.H. Campbell coal-fired power plant in West Olive, Michigan to keep running past its planned retirement date. A unanimous three-judge panel vacated DOE’s order, finding the agency has no authority to override a state-approved retirement plan simply because it disagrees with the decision.
The court held that DOE’s emergency powers under Section 202(c) of the Federal Power Act are a narrow, last-resort tool for genuine short-term crises, not a substitute for state reliability planning. Michigan regulators and MISO, the regional grid operator, had already approved Consumers Energy’s plan to retire Campbell and replace it with cleaner, more affordable power. DOE intervened anyway, over the objections of the very utility and grid operator it claimed to be protecting, and then renewed what was supposed to be a 90-day emergency order four separate times, stretching it to roughly 450 days.
“This ruling confirms what we’ve said from day one: there was no energy emergency in Michigan, and DOE manufactured one to prop up a coal plant that utilities and regulators had already agreed to retire,” said Howard Learner, Executive Director & CEO, Environmental Law & Policy Center. “For months, DOE’s order forced Michigan families to pay an unfair and unnecessary tax just to keep a dirty, uneconomic coal plant burning .”
Consumers Energy first proposed retiring Campbell in 2021 and finalized a settlement in 2022 with the Michigan Attorney General, environmental groups including ELPC, and state regulators to retire the plant by May 31, 2025 and replace it with new gas generation, extended operation at existing units, and additional solar and battery storage. Days before that retirement date, DOE invoked Section 202(c) to force Campbell to keep operating, without any request from Consumers Energy or MISO. ELPC joined Michigan, Illinois, and Minnesota, along with the Sierra Club, NRDC, Earthjustice, Michigan Environmental Council, Environmental Defense Fund, Vote Solar, and other groups in challenging the order.
The ruling comes as similar DOE emergency orders face challenge at coal and gas plants in Indiana (Schahfer and Culley), Pennsylvania (Eddystone), Washington (Centralia), and Colorado (Craig). ELPC continues to represent parties in the Indiana case, where the same legal question is at issue. A separate proceeding remains pending before the Federal Energy Regulatory Commission over whether Consumers Energy can pass the cost of the forced Campbell extension on to ratepayers.
Quotes from environmental groups involved in the case:
“The court rebuked the Trump Administration’s abuse of emergency powers,” said Michael Lenoff, Earthjustice attorney. “The DOE needs to stay in its lane and use its emergency powers only in actual emergencies. Preventing the market-driven retirements of coal plants to advance a coal-friendly agenda is not a proper use of emergency powers. We will continue to challenge unlawful orders if DOE persists in issuing them.”
“This is a well-reasoned win for Michiganders that want to determine their own energy future,” said James Gignac, Midwest Policy Director with the Union of Concerned Scientists. “No community should be forced to keep dirty, uneconomic coal power plants open when affordable clean energy solutions are readily available. Today, we celebrate. Tomorrow, the fight for an affordable clean energy future continues.”
“Keeping the Campbell coal plant open was never about responding to a real emergency; it was about manufacturing one to justify keeping an aging, polluting plant online,” said Will Kenworthy, Vote Solar’s Senior Regulatory Director. “We are grateful the Court recognized that Michigan families should not be forced to pay for an expensive coal plant that was already responsibly planned for retirement. Campbell’s closure is the right outcome for Michigan ratepayers, our communities, and our environment.”
“We are very happy with the court’s decision today. This decision was a long time coming, and every delay and overreach by the DOE has cost Michiganders money and put their health in jeopardy,” said Alexis Blizman, Policy Director at the Ecology Center. “Michigan has made a commitment to a clean energy future, and the federal government should be doing the same, not interfering with states that are making progress.”
About Vote Solar
Vote Solar is a nonprofit advocacy organization working to advance state-level policies that make solar solutions accessible to all. Since 2002, Vote Solar has worked to build an equitable clean energy future by leveraging deep policy expertise, strategic partnerships, and public engagement. In the face of powerful opposition, Vote Solar champions bold solutions that expand clean energy access, drive investment in frontline communities, and accelerate the transition to 100% clean energy.