D.C. Circuit Limits DOE’s Emergency Authority to Keep Power Plants Running
On September 11, 2026, the D.C. Circuit vacated a Department of Energy (DOE) order requiring Consumers Energy to continue operating the J.H. Campbell coal-fired power plant in Michigan under Section 202(c) of the Federal Power Act. People of the State of Michigan v. U.S. Department of Energy, No. 25-1159 (D.C. Cir. Sept. 11, 2026). The decision limits DOE’s ability to use its emergency authority to override state and regional decisions concerning generation retirements.
FERC’s First Meeting Under New Leadership: Key Takeaways and Signals for 2026
On November 20, 2025, the U.S. Federal Energy Regulatory Commission (FERC or the Commission) held its first monthly open meeting since the confirmation and swearing-in of Chairman Laura Swett and Commissioner David LaCerte.[1] It marks the first time FERC has had a full five-member commission since the departures of Commissioner Mark Christie and Chairman Willie Phillips earlier this year. FERC’s first meeting under new leadership coincided with an agenda that underscored urgency and a new strategic direction. The summary below outlines the Commission’s discussion and key actions.
