Judges Rule Trump Can’t Just Make Up An Emergency to Keep Coal Plant Open

A federal appeals court rejected the Department of Energy's emergency order compelling the aging J.H. Campbell coal plant to keep running, finding the claimed grid emergency wasn't supported by facts. The ruling sets limits on how far the executive branch can stretch emergency powers to override energy markets and utility plans, with implications for electricity costs and the pace of coal retirements.

• An appeals court found DOE's emergency order keeping the J.H. Campbell coal plant open lacked a factual basis.
• The decision constrains the use of emergency authority to prop up uneconomic power plants.
• Outcome could affect ratepayers and the timeline for retiring aging coal generation.