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Indiana AG Sues to Block Closure of Rockport Coal Plant

 


August 1, 2026 - Indiana Attorney General Todd Rokita filed suit Friday to block the scheduled 2028 closure of the Rockport Power Plant in Spencer County, targeting a federal consent decree that would force American Electric Power to shut down one of its generating units.


Rokita held a press conference in Rockport to announce the filing. The state named AEP as the sole defendant in the lawsuit.


The consent decree stems from a lawsuit filed more than a decade ago. Rokita said it has been modified five times since then.


“Without Indiana being involved, there was a lawsuit that was filed about 11 years ago,” Rokita said. “And this coal plant has effectively been given a death sentence ever since then.”


Rokita said the state and Rockport residents need the plant to remain open. The facility supports more than 170 jobs.


“I filed this lawsuit so that we could use coal again right here across the street,” Rokita said. “Why? Because coal keeps the lights on.”


Rokita said he spoke with AEP before filing the lawsuit and received no objections.


“Sometimes when you’re sued, it’s not a bad thing,” Rokita said. “They should be very happy about this, but we certainly did talk with them and there were no objections.”


A representative from a U.S. mining company said the coal industry supports the lawsuit.


“As an industry, I think you’ll see us all stand and say together that we’ve been hit very, very hard over the last 20 years,” said Terry Marsh, director of government affairs for Alliance Coal.


The lawsuit comes after Indiana Michigan Power — the AEP subsidiary that oversees the Rockport plant — announced plans to construct a 1,520-megawatt natural gas facility at the Rockport site, called the “Rockport Energy Center.” I&M has requested approval for the project from the Indiana Utility Regulatory Commission, with a decision anticipated in early 2027.


I&M officials have said power demand in the area is expected to more than double by the 2030s.


Rockport Mayor Cathy Kirkpatrick raised questions about whether the area has enough workforce to support both facilities, saying, “I don’t know that we have the workforce here.”


Rokita responded: “I will make sure this mayor has the workforce” if the lawsuit succeeds.


The attorney general said the outcome of the case could have implications for coal-powered plants across the country.


“In moving to intervene in this lawsuit, part of what we’re trying to do is to tell the court, ‘You need to change your consent decree because the circumstances have changed, not only with our energy future and what’s going on now, but also the EPA and those regulations have changed with this new administration.’”


Rokita added, “if and when” the state wins the case, consent decrees at coal plants across the nation could be called into question.


Mayor Kirkpatrick later clarified the city’s position on the City of Rockport Facebook page.


“As Mayor of Rockport, my responsibility is to advocate for the long-term success of our community. I appreciate the Attorney General taking the time to visit Rockport and explain the state’s position. At the same time, my consistent position has been that AEP should have the flexibility to make the business and operational decisions that are in the best interests of the company, its employees, and our community. AEP has been an outstanding partner to Rockport, and I remain committed to working collaboratively with them as they continue investing in our city’s future.”