On April 2, 2026, Minnesota Attorney General Keith Ellison and Illinois Attorney General Kwame Raoul sued Energy Secretary Christ Wright, and the United States Department of Energy challenging unlawful “emergency orders” issued by Secretary Chris Wright that would halt the retirement of costly coal units at Indiana power plant F.B. Culley (Culley). Secretary Wright issued the order in December of 2025, and the order was extended March 23 and would require the midwestern electricity grid operator, Midcontinent Independent System Operator (MISO), to work with the CenterPoint Energy (CenterPoint), the owner of the Culley generating station, to ensure the plant remains available for operation despite needing significant and expensive maintenance to do so.  

Section 202(c) of the Federal Power Act gives the DOE secretary authority to take temporary control of the nation’s electricity system during emergency situations. Until now, that authority has predominantly been invoked during wartime or natural disasters. According to Attorneys General Ellison and Raoul, the orders declare an emergency based on an alleged shortage of electric energy generation when no evidence of a shortage exists. Even if an emergency existed, the attorneys general argue, the orders impose several requirements that are inconsistent with and exceed the DOE’s legal authority. 

The plant was slated for retirement due to its age, inefficiency, and need for upkeep and repair. The units experienced deferred maintenance leading up to their planned retirement, and they require significant overhauls and upkeep costs to continue running. Plus, they had spent down their fuel in the run-up to retirement. By ordering the grid operator and the plant owners to take all necessary steps to make the coal plants available to produce electricity, the plants will have to run continually.  This requires significant maintenance and fuel costs, which will be passed along to ratepayers. Additionally, coal-fired power plants create particulate matter pollution and greenhouse gas emissions that cause climate change. Extending the operations of the plant beyond its planned retirement date increases the amount of pollution emitted in the region, harming the public’s health and welfare.

The Trump administration has made a significant step backwards, allowing more toxic air pollution that will harm our communities. Mercury and other types of pollution from fossil fuel power plants cause serious negative health effects, especially for children. I’m committed to fighting back against this administration’s attacks on crucial protections for our health and the environment.Attorney General Kwame Raoul

Minnesotans depend on—and love—fishing. It’s a huge part of our long history, cultural identity, and economy. But no one should have to worry about whether they’re being poisoned when enjoying their walleye.Attorney General Keith Ellison