On March 3, 2026, Washington Attorney General Nick Brown filed a petition asking the Ninth Circuit Court of Appeals to reject the Department of Energy’s (DOE) attempt to reopen a decommissioned coal power plant in Centralia, located in central Washington State.

The Washington state legislature had approved a plan to transition the coal-powered plant, operated by the private company TransAlta, more than a decade ago in 2011. By December 2025, the plant had virtually ceased generating power by coal and had announced plans to convert to natural gas, a cleaner and more efficient energy source. That same month, however, DOE issued an order nonsensically declaring an “energy emergency” and attempting to force the plant to resume operations using coal.

In January, Attorney General Brown filed a request to DOE for a rehearing of the order, which the agency denied without explanation. Under the Federal Power Act, the state is entitled to petition the appellate court for review.

Additionally, Attorney General Brown filed a lawsuit against DOE in the District Court for the Western District of Washington, alleging the federal agency violated the Freedom of Information Act (FOIA) by unlawfully withholding records related to that order to reopen the coal power plant.

Attorney General Brown asked the Ninth Circuit to find the administration’s order unlawful and to block DOE’s attempt to force the coal-powered plant to remain open.

Trying to force Washington to restart a defunct power plant is not only illegal, but would also jeopardize public health. Washington state will not be bullied.Attorney General Nick Brown