The Trump administration is facing a new legal challenge over an emergency order to keep a coal-fired power plant in Florida open that was slated for retirement.
The motion, filed by the Environmental Defense Fund, Sierra Club and Earthjustice on behalf of Florida Rising, a grassroots group representing communities of color, asks the Department of Energy to reconsider its order, saying it does not show that an actual emergency exists. The group also claims the order exceeds the department’s statutory authority and violates the National Environmental Policy Act.
The Department of Energy issued this order in June. The Orlando Public Utilities Commission (OUC) had planned to move one of its two coal-fired power plants at the Stanton Energy Center into “extended cold shutdown” by the end of May as part of its 2020 plan to transition to renewable energy and achieve net-zero emissions by 2050. OUC said it would comply at the time of the emergency order, but declined to comment further for this article. The company is the second largest local government in the state, serving more than 288,000 customers in Orange and Osceola counties.
“The idea that OUC needs to keep this plant open is a bit of a ridiculous idea,” said Earthjustice senior attorney Bradley Marshall. “We have one of the highest reserves of generating capacity in the nation. Given how many power plants we already have in Florida, any liability assessment would typically place Florida in the lowest priority category.”
The order blamed Florida’s energy emergency on a lack of equipment and anticipated increased demand from the state’s booming data center industry. He also pointed out that a cold snap in February will put a strain on OUC’s resources, leading to a particularly hot summer. The order will go into effect on June 4th and continue until September 1st.
“The Department of Energy is proud of the emergency order (sic) that saved lives and prevented power outages during peak electricity demand times,” according to a statement provided to Inside Climate News.
But advocacy groups argue that continuing to operate the coal-fired power plant will increase air pollution that will be harmful to people living near the facility in suburban Orlando. The group also said keeping the plants open would lead to higher energy costs for Floridians and place additional burdens on underserved communities, which are especially vulnerable to higher temperatures, rising sea levels and more damaging storms associated with global climate warming.
“We have an affordability crisis in the state, including electricity rates,” Marshall said. “The idea that low-income communities would have to pay more to keep this uneconomic power plant running as a backup power source for an investor-owned utility is kind of nonsensical.”
The Trump administration faces similar challenges in Colorado, Indiana, Michigan and Washington, where emergency orders have reversed plans to scale back coal-fired power plants. The order was issued under a law intended for temporary emergencies such as weather events, but advocacy groups say the Trump administration has repeatedly renewed the order.
Advocacy groups say coal has become the most expensive fuel per megawatt hour in recent years, more expensive than natural gas or solar power, according to OUC financial reports. OUC planned to replace coal-fired power plants with natural gas and solar resources.
“What’s really surprising about this particular order from the Department of Energy, as opposed to other orders, is that there was no legitimate need,” said Adam Kurland, U.S. clean energy attorney at the Environmental Defense Fund. “This is just another way of flattering an industry that is by all accounts failing to operate in the market, because coal power is more expensive and most customers don’t want coal power in their homes. They want clean energy sources.”
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amy green
florida reporter
Amy Green covers the environment and climate change from Orlando, Florida. She is a mid-career journalist and author whose extensive reporting on the Everglades is featured in the book MOVING WATER, published by Johns Hopkins University Press, and on the podcast DRAINED, available wherever you get your podcasts. Amy’s work has been recognized with numerous awards, including the prestigious Edward R. Murrow Award and the Society of Public Media Journalists Award.
