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Attorneys general

Michigan Attorney General Challenges DOE's Order to Keep Coal-Fired Power Plant Running

Strategic Insights

— 2 min read

Michigan Attorney General Dana Nessel filed a petition with the U.S. Court of Appeals for the DC Circuit challenging the U.S. Department of Energy's (DOE) order to keep the J.H. Campbell coal-fired power plant in West Olive, Michigan, operating. The order, issued on May 23, 2025, disregards prior planning and regulatory approvals, and Nessel argues that the DOE has failed to show an actual emergency. The petition also challenges the DOE's authority under the Federal Power Act, citing several violations. The retirement of the Campbell Plant was initially sought by Consumers Energy in its June 30, 2021, integrated resource plan application, and was approved by the Michigan Public Service Commission in June 2022. The plan was expected to save Michigan ratepayers nearly $600 million.

Key Takeaways:

  • The U.S. Department of Energy's (DOE) order to keep the J.H. Campbell coal-fired power plant in West Olive, Michigan, operating is being challenged by Michigan Attorney General Dana Nessel in the U.S. Court of Appeals for the DC Circuit.
  • The order was issued on May 23, 2025, and has been contested by Nessel, who argues that the DOE has failed to show an actual emergency and has exceeded its authority under the Federal Power Act.
  • The retirement of the Campbell Plant was initially sought by Consumers Energy in its June 30, 2021, integrated resource plan application, and was approved by the Michigan Public Service Commission in June 2022.
  • The plan was expected to save Michigan ratepayers nearly $600 million.
  • The Attorney General's request for rehearing challenges the DOE's order on its inability to show an actual emergency, as well as for several other violations of the DOE's authority under the Federal Power Act.
  • The FOX News story cited a FOX News affiliate in Michigan Attorney General's statement had stated that the retirement of the Campbell Plant and its replacement with more cost-effective resources were elements of a carefully considered plan.

Statistics:

  • The plan to retire the Campbell Plant and replace it with more cost-effective resources was expected to save Michigan ratepayers nearly $600 million.
  • The U.S. Department of Energy's (DOE) order to keep the J.H. Campbell coal-fired power plant in West Olive, Michigan, operating exceeds the authority granted to the DOE and lacks concrete, particularized emergencies.
  • Prior to this order, the DOE had never delayed the retirement of a power plant absent a request from the operating utility or local governmental body, and had only done so in response to concrete, particularized emergencies, subject to limitations to ensure that the order extended no further than necessary to address the emergency at hand.

Sources:

  • [Michigan Attorney General's office]
  • [U.S. Department of Energy]
  • [Consumers Energy Company]
  • [FOX News]

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