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Energy Department Asks Full Court to Rehear Michigan Coal Case

 

 

October 28, 2026 - The Energy Department wants the full DC Circuit to reconsider its decision rejecting the department’s attempt to prolong the life of the J.H. Campbell coal-fired power plant in Michigan.


The panel was wrong to interpret the Federal Power Act as giving the DOE emergency authority as a last resort, the department said in its petition filed Monday for either a panel rehearing or a full court review.


The Federal Power Act “does not require DOE to subordinate, delay, or defer to the actions (or inaction) of states or utilities,” the DOE argued.