Sierra Club & Earthjustice Argue Against Illegal Coal Plant Extensions in Court

The Sierra Club and Earthjustice have taken legal action against the Department of Energy (DOE) over its repeated extensions of the J.H. Campbell coal power plant’s operation beyond its planned retirement date. The DOE invoked Section 202(c) of the Federal Power Act, citing an alleged “energy emergency” to justify keeping the plant online. Since May 2025, this emergency order has been renewed four times, despite mounting evidence that the region served by the plant does not face an energy shortfall. Data from the Midcontinent Independent System Operator (MISO) reveals that the region has seen a significant increase in energy capacity, with over half of the 5.6 gigawatts of new capacity coming from solar power. This growth in renewable energy capacity undermines the DOE’s claim of an emergency and calls into question the legality of the forced extensions. Meanwhile, Consumers Energy, the owner of the Campbell plant, estimates that these orders cost more than $600,000 daily, a financial burden ultimately borne by consumers in the MISO region. Sierra Club Senior Attorney Greg Wannier condemned the administration’s actions as an unlawful attempt to prop up outdated coal infrastructure at the expense of American families. He criticised the government for manufacturing emergencies to justify keeping costly and unpopular coal plants operational. Earthjustice Senior Attorney Michael Lenoff echoed this sentiment, warning that the escalating costs of these orders—already in the hundreds of millions—are inflating electricity bills and straining household budgets. The legal challenge highlights broader tensions between efforts to transition towards cleaner energy sources and the persistence of coal in the energy mix. Both environmental groups emphasise the need to uphold the law and allow coal plants to retire as planned, especially given the availability of renewable alternatives. The case will be closely watched for its implications on federal energy policy and the future role of coal power in the United States.