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Court Voids DOE Emergency Orders Keeping Michigan's Campbell Coal Plant Open

A unanimous three-judge panel on the DC Circuit's Court of Appeals ruled that the Department of Energy's use of emergency powers to force the J.H. Campbell coal plant in Michigan to stay open was unlawful. The plant had been kept running past its scheduled closure through five consecutive 90-day emergency declarations issued under Section 202(c) of the Federal Power Act, a provision meant for wartime or sudden electricity shortfalls.

Court strikes down DOE emergency order keeping Michigan coal plant open

A DC Circuit Court of Appeals panel unanimously ruled that the Department of Energy's use of emergency wartime powers to keep the J.H. Campbell coal plant in Michigan running past its scheduled closure was unlawful. The DOE had issued five consecutive 90-day emergency declarations under the Federal Power Act to prevent the plant from shutting down, despite no actual power shortage.

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