DOE's 202(c) plant orders face 35 court petitions; only one decided so far
The U.S. Department of Energy has kept eight power plants running past planned retirement using 34 emergency orders under section 202(c) of the Federal Power Act. A review of CourtListener's RECAP archive found 35 petitions for court review, 32 filed in the D.C. Circuit and 3 in the Ninth Circuit over Washington's Centralia plant. The D.C. Circuit has ruled on only one order, Campbell's first order in Michigan, on September 11, 2026. Twenty-one petitions are held in abeyance, at least ten of them pending that Campbell decision, while Centralia's three petitions are being briefed. The analysis counts dockets and dates only, is not legal analysis, and covers only filings that users uploaded to RECAP.
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