MI Attorney General Dana Nessel filed a Petition for Review with the U.S. Court of Appeals for the DC Circuit challenging the U.S. Department of Energy ‘s (DOE) arbitrary and illegal order forcing the continued operation of Consumers Energy’s J.H. Campbell coal-fired power plant in West Olive, Michigan, under the pretense of a fabricated energy emergency. The Attorney General’s request for rehearing challenges the DOE’s order on its inability to show an actual emergency, as well as for several other violations of the DOE’s authority under the Federal Power Act, which grants the DOE’s emergency powers. The Attorney General’s challenges include that the order as issued exceeds the authority granted to the DOE, and that the DOE failed to take required steps to limit the amount of operation to only when necessary and to minimize environmental impacts. “This unprecedented order by the Department of Energy declares an emergency without evidence, completely ignores state and federal regulators that approved the plant’s retirement, and will potentially put enormous costs onto utility customers who receive no real benefit. I will continue to fight to protect Michigan customers from unreasonable costs imposed by the federal government.” – AG Nessel