A federal appeals court overturned a Department of Energy order forcing Consumers Energy to keep the J.H. Campbell coal plant operating.

The Washington, D.C. Circuit Court of Appeals unanimously ruled that the Department of Energy's emergency order was not based on a true emergency. The Department of Energy used energy supply forecasts to justify the mandate, citing a potential tight reserve of power in the Midwest. However, the judges ruled that states are responsible for ensuring an adequate power supply and that the federal government can only step in during true crises. The court's decision applies to the first of six emergency orders issued by the administration. Consumers Energy will not immediately shut down the J.H. Campbell coal plant. The company will continue to comply with the current 90-day order while reviewing the court's ruling. The plant currently operates at a loss, costing $180 million more than it generated in revenue during its first 10 months under emergency orders. The additional costs will be issued to customers across the MISO grid.