LANSING, Mich. (Michigan News Source) – A federal appeals court has handed opponents of the Trump administration’s coal policy a victory – but don’t expect the smokestacks at Michigan’s J.H. Campbell plant to go cold just yet.
Court Tosses Original DOE Order
Last week, the U.S. Court of Appeals for the D.C. Circuit vacated the Department of Energy’s original May 2025 emergency order requiring Consumers Energy to keep the West Olive coal plant operating beyond its planned May 31, 2025 retirement.
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The court found DOE’s use of Section 202(c) of the Federal Power Act unlawful. Michigan Attorney General Dana Nessel, who challenged the order, celebrated the decision. In a press release, Nessel said, “By forcing its continued operation, DOE tried a never-before-used tactic to illegally prop up the aging J.H. Campbell coal plant that nobody asked to keep, sticking ratepayers with a bill for a facility that should have been retired more than a year ago. I am relieved that the Court saw through this facade and threw out DOE’s order that had zero basis in reality.”
One Order Down, Five More to Go
But there’s a catch.
DOE has since issued five additional extensions. The latest – the sixth order overall – requires Campbell to remain operating through Nov. 14, 2026.
That means last week’s ruling does not immediately close the plant. Consumers Energy says it is reviewing the decision and will continue operating Campbell for now.
The Price Tag Keeps Growing
The fight isn’t cheap. Consumers has reported approximately $295 million in Campbell- related costs from May 2025 through June 30, 2026 according to Nessel.
The utility is seeking to recover those costs from electric customers across portions of the Midwest.
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Nessel has challenged each DOE extension, meaning Friday’s ruling is likely just the first court victory in a legal battle that is far from over.
