The decision is one of the first successful legal challenges to President Trump’s “national energy emergency” ruling, which instructs federal agencies to use emergency powers to increase fossil fuel production.
The Department of Energy overstepped by ordering an aging coal-fired power plant in Michigan to continue operating past its retirement date, a federal court ruled on Sept. 11. The ruling represents one of the first successful legal challenges to President Trump’s “national energy emergency” plan, which instructs federal agencies to use all emergency powers available to increase fossil fuel energy production, Kate Yoder writes for Grist.
The Trump Administration has forced seven fossil fuel plants to stay in operation, “despite the pollution they cause and the enormous costs of keeping them online," Grist reports. Days before Michigan’s J.H Campbell plant was about to close, the DOE invoked short-term emergency powers to keep the plant running, arguing that the threat of outages and data centers’ need for more power constituted an emergency.
“But the U.S. Court of Appeals for the D.C. Circuit rejected that argument, with Appeals Court Judge Cornelia Pillard writing that the emergency statute ‘is essentially a narrow, last-resort backstop,’” Grist reports.
Read the full story: A federal judge just told Trump there’s no ‘emergency’ to justify keeping a Michigan coal plant open
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