Federal court rejects Trump order keeping Michigan coal plant open

Advertisement

Advertise with us

WASHINGTON (AP) — In a defeat for the Trump administration, a federal court on Friday ruled that the Energy Department exceeded its authority when it forced a Michigan coal-fired power plant to stay open past its scheduled retirement date last year.

Read this article for free:


or

Already have an account? Log in here »

To continue reading, please subscribe:

Subscribe and receive a limited-edition Free Press branded hat or tote.

Digital Subscription

One year of digital access for only $205*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*First annual payment billed as $205.00 + GST for one year. This annual subscription will automatically renew at $233.00 + GST every 52 weeks (10% off the regular annual price of $259.35). Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

WASHINGTON (AP) — In a defeat for the Trump administration, a federal court on Friday ruled that the Energy Department exceeded its authority when it forced a Michigan coal-fired power plant to stay open past its scheduled retirement date last year.

Energy Secretary Chris Wright had said the 64-year-old J.H. Campbell Generating Plant was needed to ensure reliable electricity in the region, and he used emergency powers to keep it operating. Environmental groups and three states — Michigan, Illinois and Minnesota — went to court to try to overturn orders keeping the plant online.

The U.S. Court of Appeals for the District of Columbia Circuit sided with the states and the groups, saying there was no real emergency under the law.

FILE - An aerial image of Consumer Energy's J.H. Campbell Generating Complex is seen in Ottawa County, Mich., Sept. 21, 2024. (Joel Bissell/Kalamazoo Gazette via AP, File)
FILE - An aerial image of Consumer Energy's J.H. Campbell Generating Complex is seen in Ottawa County, Mich., Sept. 21, 2024. (Joel Bissell/Kalamazoo Gazette via AP, File)

The section of the Federal Power Act that allows emergency orders “is essentially a narrow, last-resort backstop,” Appeals Court Judge Cornelia Pillard wrote for a unanimous three-judge panel. Use of emergency authority “is triggered only when there is a need for immediate, essentially last-resort action and the circumstances require action by DOE in particular, as opposed to action by the state or states responsible for resource adequacy,” she added.

Reversing the Campbell plant’s “long and carefully planned retirement” is “disruptive,” Pillard wrote.

Trump administration order called ‘unlawful political stunt’ by critics

Michigan Attorney General Dana Nessel said she was relieved the appeals court “threw out DOE’s order that had zero basis in reality.”

Nessel, a Democrat, said her office “has been fighting this unlawful political stunt at every turn, and this ruling proves what we have been saying all along: this administration does not get to invent fake emergencies to bypass the rule of law against the best interests of Michigan residents.”

The Michigan case is one of several legal disputes that have emerged across the country as the Trump administration uses emergency powers to force a half-dozen coal-fired plants to remain open.

Administration officials were undeterred by Friday’s court ruling and just hours later Wright announced another emergency order to keep online a coal plant in Centralia, Washington. That plant, operated by TransAlta, had been scheduled to shut down at the end of 2025.

The orders, which also apply to plants in Indiana, Colorado and Florida, are raising ratepayer bills and adding air and water pollution that could have been avoided, critics say. An oil and gas plant in Pennsylvania was also ordered to keep its turbines running as a hedge against electricity shortages in the mid-Atlantic grid.

President Donald Trump declared a national energy emergency in a January 2025 executive order, citing demand increases from artificial intelligence and data center growth.

Energy Department says coal-plant order saved lives during peak weather events

An Energy Department spokesperson said the emergency orders — including at Campbell — “prevented blackouts and likely saved hundreds of lives during peak capacity events this past year,” especially severe winter storms in late January and early February.

At the peak of the storms, coal generation in affected regions increased by 25% compared to the previous year, spokeswoman Emily Matthews said. The Campbell plant provided over 650 megawatts — enough power for hundreds of thousands of homes — every day from Jan. 21 to Feb. 1, she said.

The Energy Department “will continue to protect and defend energy security for all Americans,” she said.

FILE - J.H. Campbell, a coal-burning power plant, operates in West Olive, Mich., Tuesday, May 19, 2026. (AP Photo/Julián Trejo Bax, File)
FILE - J.H. Campbell, a coal-burning power plant, operates in West Olive, Mich., Tuesday, May 19, 2026. (AP Photo/Julián Trejo Bax, File)

Keeping the Michigan plant open beyond its May 2025 retirement has cost about $259 million so far, according to new financial filings. Those losses will likely be paid by families and businesses in the Midwest, opponents of the order say.

Consumers Energy, which operates the Campbell plant, said it was reviewing the court ruling. In the meantime, the utility will keep the plant operating under terms of a recent DOE order that extends its directive through mid-November, spokesman Brian Wheeler said in a statement.

Environmentalists say they’ll continue to fight the administration’s orders

Ted Kelly, U.S. clean energy director at the Environmental Defense Fund, said the court ruling rejected the Trump administration’s nationwide effort to force “unreliable, aging coal plants that are bleeding money and polluting communities to stay online.”

The Energy Department’s “unlawful actions attempted to make families and businesses in the Midwest wastefully pay hundreds of millions of dollars for a coal plant that should have been shut down over a year ago,” Kelly said Friday. The Campbell plant and other aging sites are “incredibly expensive, dangerous to our health and break down frequently,” he said.

Sanjay Narayan, a lawyer for the Sierra Club, called the ruling a victory for families across the Midwest who are “paying to keep this old, expensive and dirty power plant online.”

The Trump administration “has been pulling out all the stops to try to bolster dirty and expensive fossil fuels at public expense. This reckless agenda will not succeed,” Narayan said. “We will continue to fight back against the other illegal extensions across the country.”

___

Associated Press writers Matt Brown in Billings, Montana, and Ed White in Detroit contributed to this story.

Report Error Submit a Tip

More Stories

Thank Manitoba’s teachers by investing in students

Lillian Klausen 5 minute read 2:00 AM CDT

Manitoba’s students are settling into a new school year. Whether you graduated in 1986 or 2006, today’s classrooms look very different from the ones you remember.

Students reflect the changing makeup of our communities — differences in social, emotional, physical and cognitive abilities and socioeconomic stresses are all increasingly present and adding to the complexity of our classrooms.

Meeting these differing individual needs is no easy feat. It requires manageable class sizes, school counsellors, social workers, specialized resource teachers and investment in the systems that can help students thrive. But when those supports aren’t available, students’ needs don’t disappear. Increasingly, it falls to classroom teachers to try to fill the gaps.

When I started working as a teacher more than 30 years ago, we had budgets for resources when we needed them. Today, the needs of students have diversified and increased, but the funding for our public schools is failing to meet them.

Brandon meat packer thriving on its own

Abiola Odutola 3 minute read Preview

Brandon meat packer thriving on its own

Abiola Odutola 3 minute read Saturday, Oct. 3, 2026

BRANDON — Canada Packers has strengthened its business and laid the foundation for future growth during its first year as an independent company, its president says.

The Brandon-based pork producer, separated from Maple Leaf Foods in October 2025, established its own leadership, strategy, systems, culture and identity while continuing operations across its hog production farms and regional hog barns in southern and eastern Manitoba.

The company’s first year was focused on building a successful standalone business while continuing to serve customers, communities and shareholders, president Dennis Organ said.

“Market conditions over the past year have been more challenging than we anticipated when we became a separate entity,” he said in an email. “Despite that, we continued to execute against our priorities, including increasing processing volumes, maintaining disciplined operations and strengthening the business.”

Read
Saturday, Oct. 3, 2026

Former host/VJ Rick Campanelli revisits his gambling addiction in new memoir

Jen Zoratti 7 minute read Preview

Former host/VJ Rick Campanelli revisits his gambling addiction in new memoir

Jen Zoratti 7 minute read 6:00 AM CDT

To many Canadians, veteran media personality Rick Campanelli is better known as Rick the Temp, the energetic, baby-faced intern-turned-VJ on MuchMusic in the 1990s and early 2000s.

But behind that winning smile was a much darker reality.

In his new memoir, Tempted: My Story, released last month via HarperCollins Canada and co-written with John Meyer, Campanelli, 56, opens up for the first time about his struggles with a serious — and secret — gambling addiction, which reached its nadir in 2008 when the then-host of Entertainment Tonight Canada was detained by U.S. Homeland Security for unpaid casino debts on a flight back from Las Vegas.

The Free Press caught up with Campanelli in advance of his Winnipeg launch Monday evening at McNally Robinson Grant Park. This interview has been lightly edited for length and clarity.

Read
6:00 AM CDT

Mayoral hopefuls trade accusations

Maggie Macintosh 4 minute read Preview

Mayoral hopefuls trade accusations

Maggie Macintosh 4 minute read Yesterday at 7:51 PM CDT

Two mayoral hopefuls traded accusations about meddling in each other’s campaigns as the incumbent rallied supporters for his re-election bid on the eve of advanced polls opening across Winnipeg.

A social media post made by Mike Vogiatzakis, one of 12 nominees in the Oct. 28 race for the top job at city hall, caught the attention of rivals Sunday.

The funeral director took to Facebook midday to criticize Kevin Klein — a competitor he said he thought of “as a friend” until the former Tory cabinet minister made a U-turn after pledging to back the Vogiatzakis campaign.

“Good speaker? Yes. Good looking guy? Sure. Someone I trust now? Absolutely not,” he wrote in a lengthy post.

Read
Yesterday at 7:51 PM CDT

Hydro Québec faces issue we should avoid

Editorial 4 minute read Preview

Hydro Québec faces issue we should avoid

Editorial 4 minute read 2:01 AM CDT

You might be tempted to call it a canary in an electric power generation coal mine.

Read
2:01 AM CDT

Bombers on outside looking in after beatdown from Als

Taylor Allen 7 minute read Preview

Bombers on outside looking in after beatdown from Als

Taylor Allen 7 minute read Yesterday at 6:34 PM CDT

The visitors’ locker room at Percival Molson Memorial Stadium was eerily quiet late Saturday night.

Many of the Winnipeg Blue Bombers sat in their stalls with dejected looks on their faces, trying to wrap their heads around what had just transpired: a 37-10 beatdown at the hands of the Montreal Alouettes.

“(That game) felt like s—-, honestly,” receiver Tim White told the Free Press postgame.

And the Bombers have plenty of reason to feel that way, especially when looking at the West Division standings.

Read
Yesterday at 6:34 PM CDT