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.