Overview
- A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit vacated the DOE order on Sept. 11, 2026, finding there was no statutory “emergency” and that the department exceeded its authority under Section 202(c).
- The decision clears the way for the long-planned retirement of the 1.5 GW J.H. Campbell plant in West Olive, Michigan, which Consumers Energy and state regulators had approved to close and replace with other resources.
- States (Michigan, Illinois and Minnesota) and a coalition of environmental groups challenged the DOE order in court, arguing grid data showed adequate capacity and that the extensions were improper; those petitioners hailed the ruling.
- Operating Campbell past its scheduled retirement cost hundreds of millions of dollars, and utilities are pursuing rate-recovery and cost-allocation disputes that could affect households and businesses in the region.
- The court emphasized that Section 202(c) is a narrow, last-resort power meant for sudden supply shortfalls, a ruling that threatens other similar DOE orders nationwide and could prompt appeals or en banc review by the administration.