Emergency orders forcing retiring coal plants to keep running

What happened

The order, issued May 23, 2025, relied on Section 202(c) of the Federal Power Act, which lets the department direct power plants to operate in an emergency. Energy Secretary Chris Wright said the 64-year-old plant was needed to keep electricity reliable in the region; the retirement had been planned and approved for years. The 90-day order has been reissued six times, and the AP reports that keeping the plant open has cost about $259 million. The administration has used emergency orders to delay the retirement of about half a dozen coal plants nationwide. Michigan, Minnesota and Illinois challenged the Campbell order, along with environmental groups led by the Sierra Club and Earthjustice.

Where it stands

On Sept. 11, 2026, the U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously that the department exceeded its authority, because there was no emergency of the kind the law requires: a need for immediate, last-resort action. This is a final ruling on the first Campbell order, and the first court decision on any of the coal plant orders. The department can still ask for further review; we found no report that it has. The plant keeps running for now under a later order that lasts until Nov. 14, 2026, which Michigan's attorney general is also challenging. Hours after the ruling, the department issued a new emergency order for a coal plant in Centralia, Washington.

The administration's side

The Energy Department says its emergency orders, including the one at Campbell, prevented blackouts and likely saved hundreds of lives during peak demand over the past year, and that it 'will continue to protect and defend energy security for all Americans.' It has argued the plants are needed because of the risk of electricity shortfalls over the medium to long term.

Sources

• AP via PBS NewsHour
• AP via Planet Detroit
• Utility Dive
• Al Jazeera
• Michigan Attorney General
• POWER Magazine