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Court rejects government's forced coal plant extensions

Ars Technica
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Court rejects government's forced coal plant extensions

A unanimous three-judge panel from the DC Circuit Court of Appeals has ruled against the US government's attempt to keep aging coal plants open under emergency declarations. The case centered on the J.H. Campbell Generating Plant in Michigan, which the Department of Energy (DOE) ordered to remain operational despite scheduled closures. The DOE invoked section 202(c) of the Federal Power Act, citing energy emergencies to justify the intervention. However, the court determined that these declarations did not meet the legal criteria of a 'sudden increase in demand' or a genuine energy shortage. This ruling sets a significant legal precedent, as it challenges the administration's authority to bypass market-driven plant closures. While currently affecting only one facility, the decision effectively undermines the DOE's strategy of using emergency powers to prop up coal-fired electricity generation across the country.

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