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.
States, Advanced Reactor Developer Challenge NRC’s Authority to License Advanced Reactors
The outcome of a lawsuit filed at the end of 2024 challenging the U.S. Nuclear Regulatory Commission’s (“NRC’s or the Agency’s”) authority under a 1956 rule to license certain nuclear facilities could have important implications for advanced reactor licensing processes and the supply of electricity in the U.S. in the years ahead.
