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Attorney General Team to Argue Before Federal Appeals Court Challenging DOE Order Forcing Continued Operation of Campbell Plant

LANSING – Today, attorneys for the Department of Attorney General will give oral arguments before the United States Court of Appeals for the District of Columbia Circuit challenging the U.S. Department of Energy ‘s (DOE) arbitrary and illegal order forcing the continued operation of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan. The Department will argue that the original May 23, 2025, order to cancel the Campbell retirement disregards all prior planning and regulatory approvals, in yet another example of the Trump administration arbitrarily declaring a false emergency as a pretext for advancing its policy agenda by means outside its normal authority. Never before this point did the DOE delay the retirement of a power plant absent a request from the operating utility or local governmental body, and only ever in response to concrete, particularized emergencies, and subject to limitations to ensure that the order extends no further than necessary to address the emergency at hand. 

“By arbitrarily declaring a false emergency, the Trump administration is forcing Michigan residents to foot the bill for an aging, expensive coal plant that was slated for responsible, cost-saving retirement,” said Attorney General Nessel. “I am relieved my office is finally before the Court to expose this political theater for what it is: an illegal power grab that loots the pockets of ratepayers.”

The retirement of the Campbell Plant, originally built in the 1960s, and its replacement with more cost-effective resources were elements of a carefully considered plan that was expected to save Michigan ratepayers nearly $600 million. Instead, Consumers Energy has reported at least $180 million in costs associated with the Campbell plant past its scheduled retirement date, not including ongoing costs of running the plant from March 31, 2026, to the present.

Since Attorney General Nessel initially challenged the forced continued operation of the plant, DOE has extended its order on three separate occasions. DOE’s fourth order forces Consumers Energy to run the J.H. Campbell coal plant until May 18, 2026. The Attorney General has filed four requests for rehearing with the DOE and four petitions for review with the U.S. Court of Appeals for the District of Columbia Circuit. Today is the first time these challenges will be heard in oral arguments.

The oral arguments are scheduled to begin this morning at 9:30 a.m. Members of the public can listen to the live proceedings on the United States Court of Appeals for the District of Columbia Circuit’s YouTube page.

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