In People of the State of Michigan v. U.S. DOE, No. 25-1159 (D.C. Cir.), states and public interest organizations are challenging the Department of Energy’s (DOE’s) orders keeping Michigan’s J.H. Campbell power plant running past its planned retirement. This amicus brief, filed on behalf of energy law scholars, argues that DOE overstepped its narrow emergency authority under Section 202(c) of the Federal Power Act. The brief explains that grid reliability in the MISO region is normally ensured through a coordinated system of state regulators, FERC, and the grid operator’s long-term planning process – not through repeated, open-ended federal orders keeping a single aging plant online. It argues that DOE’s use of emergency power to address long-term resource adequacy, rather than a sudden and discrete crisis, breaks with historical precedent, disrupts the state and regional planning process that utilities and regulators rely on, and imposes costs on consumers without the normal procedural safeguards. The scholars urge the court to interpret “emergency” under Section 202(c) narrowly – limited to acute, unexpected grid crises requiring temporary intervention, not extended interventions addressing anticipated future risk.
Additional author: Susannah Weaver, Envolve Law
This resource was commissioned by or produced by staff of the Center for Applied Environmental Law and Policy before the organization rebranded as Ridgeline Center for Law and Policy in 2026.
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