Michigan’s attorney general and several environmental justice groups argued Friday before a panel of the U.S. Court of Appeals for the District of Columbia that the emergency order that blocked the closure of the J.H. Campbell coal-fired power plant is an illegal application of federal law.
A team of lawyers from Michigan Attorney General Dana Nessel’s office, Earth Justice, and the Sierra Club each argued that the energy emergency declared by the U.S. Department of Energy in May 2025 forced the Michigan plant in West Olive to continue operating beyond its scheduled decommissioning. The order has been updated four times since it was issued last year.
The administration argues that keeping coal-fired power plants open is necessary to protect the stability of the power grid as demand for electricity increases due to artificial intelligence data centers and growth in manufacturing.
Mr. Nessel’s team argued that the initial order ignored prior planning and regulatory approval by Consumers Energy, which operates the plant. Nessel’s team called this another example of the Trump administration arbitrarily issuing a false state of emergency as a pretext to pursue energy policy outside its authority.
“To date, the Department of Energy has never delayed the retirement of a power plant unless requested by an operator or local government, and only in response to specific and unique emergencies, with restrictions in place to ensure that the order is not extended longer than necessary to address the immediate emergency,” the department said in a news release.
Nessel said in a statement that by using a false state of emergency declaration, the administration “is forcing Michiganders to pay for aging and expensive coal-fired power plants that were responsibly slated to be retired to save money.”
This administration took office with an obsession to funnel Americans’ money into the coal industry with no regard for our health or our future.
– Michael Renov, senior attorney at Earth Justice, said the Trump administration invoked emergency powers in a clearly illegal and unprecedented manner.
“I am relieved that my office can finally go to court to expose this political arena for what it is: an illegal power grab that feeds into the pockets of ratepayers,” Nessel added.
Nessel will hold a press conference next Thursday with community leaders and concerned residents, and will hold a rally near the plant.
The Campbell plant was built in the 1960s and was slated to be replaced with production of more cost-effective and environmentally friendly energy resources. Retiring the plant also saved Michigan ratepayers nearly $600 million. The plant remains open due to Trump administration action, but Consumers Energy reports it costs at least $18 million to keep it running while burning coal, which produces large amounts of greenhouse gas emissions.
Demonstrators demonstrated at Holland Memorial Park on Friday, August 15, 2025, calling on the federal government and Consumers Energy to allow the closure of the JH Campbell coal-fired power plant in Port Sheldon Township. (ONN Photo/Dirk Willenga)Legal representatives for Earth Justice and the Sierra Club also presented arguments Friday morning. The group noted that recent energy capacity auctions through the Midcontinent Independent Operator, which serves the central United States, showed capacity increases that were completely unrelated to the Trump administration’s actions at the Campbell plant. The group said this shows there is no energy emergency in the region and there is no justification for keeping energy regulations open through what federal energy regulators call “unlawful” extension orders.
At a press conference after the hearing Friday morning, Sierra Club senior attorney Greg Wannier said the legal authority the Trump administration uses to issue and extend orders is typically reserved for immediate crises that threaten local facilities and could ultimately impact the nation’s power grid. Waniye added that previous administrations have been modest in using their powers in situations caused by winter storms, hurricanes and other large-scale disruptions.
“What we’ve seen over the past year is that the Trump administration has twisted the way it uses these emergency powers beyond common sense,” Waniye said. “So one of the key themes of the oral argument held today was how broad that authority is: ‘How do we define the emergencies under which DOE can act?'”
Jean O’Connell, senior energy organizer for the Sierra Club’s Michigan chapter, said the organization is sounding the alarm on the continued operation of the Campbell plant, including concerns for the health and safety of Michigan residents and their wallets.
“Michigan has the highest electricity rates in the Midwest, and the DOE’s order won’t help solve the problem,” O’Connell said. “…The charges were further increased due to the sham and illegal orders.”
Michael Renov, lead attorney for Earth Justice, said the administration invoked emergency powers in a clearly illegal and unprecedented manner.
“This administration came into office with an obsession with funneling American money into the coal industry with no regard for our health or our future,” Lenov said. “From attempts to lease public land for mining to dismantling environmental regulations, this administration is letting coal companies pollute the air we breathe and the water we drink, and then charge us for it.”
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