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US court rejects Trump’s emergency order keeping Michigan coal plant open | Environment News

The ruling says the Energy Department exceeded its authority by extending the plant’s operation.

A federal appeals court has ruled that the United States Energy Department exceeded its authority when it ordered a coal-fired power plant in the US state of Michigan to remain open beyond its planned retirement, dealing a setback to the Trump administration’s effort to keep ageing coal facilities operating.

The US Court of Appeals for the District of Columbia Circuit ruled unanimously on Friday that there was no emergency under federal law that justified keeping the 64-year-old JH Campbell Generating Plant online. Energy Secretary Chris Wright invoked emergency powers last year, arguing that the plant was needed to maintain reliable electricity in the region.

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President Donald Trump declared a national energy emergency in an executive order in January last year, citing demand increases from artificial intelligence and data centre growth.

Judge Cornelia Pillard, writing for the three-judge panel, said the emergency provision of the Federal Power Act was intended as a “narrow, last-resort backstop.” She said the authority could be used only when immediate action was required, and states or utilities could not address the problem themselves.

Pillard also described the reversal of the plant’s “long and carefully planned retirement” as “disruptive”.

The plant, operated by Consumers Energy, had been scheduled to close in May 2025, but the company has continued operations under energy department orders. That has cost about $259m, according to financial filings, with opponents warning that the expense could ultimately fall on families and businesses in midwestern US states.

The company told The Associated Press it was reviewing the court ruling.

Michigan Attorney General Dana Nessel, a Democrat, whose office joined counterparts in Illinois and Minnesota in challenging the orders, welcomed the ruling. She said the appeals court had “thrown out DOE’s order that had zero basis in reality”.

The Energy Department defended its use of emergency powers, saying the orders helped prevent blackouts and “likely saved hundreds of lives” during periods of peak demand, particularly during severe winter storms in late January and early February.

The department said that during the winter storm peak, coal generation in affected areas increased by 25 percent compared to the previous year.

The Michigan case is one of several legal disputes that have emerged across the country. Secretary Wright issued another emergency order, just hours after the ruling, to a coal plant in Centralia, Washington, to remain in operation. Similar orders have been issued for plants in Indiana, Colorado and Florida, as well as an oil and gas plant in Pennsylvania.

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The GOP was confident about keeping its Senate majority. Now the fight for control is wide open

Republicans appeared to have a firm grip on the Senate heading into the final two years of President Trump’s term. But with less than two months until Election Day, control of the chamber is now up for grabs.

Democrats have found themselves competing in states that once seemed beyond their reach as Trump’s slipping approval ratings and voters’ dissatisfaction with the economy create a difficult political environment for Republicans. But races Democrats once counted on winning have also become more complicated.

It’s a battle that’s expected to exceed $3.4 billion in spending across all races during the midterm campaign. The implications are huge for Trump’s agenda and his ability to fill administration jobs and open court seats for the remainder of his term, as the Senate is empowered to confirm or block presidential nominees.

Republicans say it’s unlikely for everything to break in Democrats’ favor, but they acknowledge they’re facing a difficult landscape. Senate Majority Leader John Thune told South Dakota’s KELOLAND News last week that he does “worry” about losing the chamber.

“I’m a realist,” Thune said. “I don’t ever try and sugarcoat things. I think it’s a competitive environment right now.”

Democrats face a scrambled path to the majority

Democrats need to net four seats to win the majority. The original path had been to hold Michigan, Georgia and New Hampshire while winning back Republican-held seats in Alaska, Maine, North Carolina and Ohio. But things have changed.

“We now have multiple paths for the majority,” Senate Democratic Leader Chuck Schumer said last month. “We found new states — Iowa, Texas — which people a year ago weren’t even paying attention to.”

Some of the states where Democrats were feeling most optimistic at the start of the election cycle, such as Michigan and Maine, have grown murkier.

In Michigan, where there’s an open seat this fall, no GOP candidate has won a Senate race since 1994. But Democrats are struggling to unite behind nominee Abdul El-Sayed. The favorite of progressives narrowly defeated moderate U.S. Rep. Haley Stevens in the August primary, and feelings remain raw from a bruising contest that saw nearly $70 million spent against El-Sayed.

Republicans believe Mike Rogers, who lost the 2024 Senate race by fewer than 20,000 votes, has an improved shot against El-Sayed. The Senate Leadership Fund — Senate Republicans’ spending PAC — added $6 million to its Michigan advertising investment after El-Sayed won, bringing their total spending to $51 million, the third-highest total.

Democrats also saw a prime opportunity to finally defeat five-term Republican Sen. Susan Collins in Maine, where Democratic Vice President Kamala Harris won more votes than Trump in 2024.

Progressive Graham Platner easily won the nomination in June, but he left the race the next month over a sexual assault allegation that he denies. Democratic delegates in late July chose Troy Jackson, a lesser-known former state legislative leader, to replace him.

Jackson has been forced to play catch-up. Collins and aligned super PACs have spent almost $80 million so far, according to the ad-tracking firm AdImpact, while Jackson and Democratic-aligned groups have spent and reserved close to $45 million since he became the nominee.

As one path narrowed for Democrats, others widened

Democrats increasingly see a real possibility in Texas, a state that has been an elusive goal for decades, and other GOP-led states including Iowa, Alaska and Ohio.

In Texas, Democrat James Talarico faces state Attorney General Ken Paxton, who ousted four-term incumbent Republican Sen. John Cornyn to win the GOP nomination. Senate GOP leadership backed Cornyn, seeing him as the stronger general election candidate.

Paxton has been shadowed for decades by legal and ethical questions, including indictments for securities fraud, though he was not convicted.

Talarico and allied groups have spent nearly $30 million on advertising since the May runoff, compared to less than $3 million by pro-Paxton groups. The political fund associated with Trump last week spent $10 million on TV and digital ads to help Paxton — the first major general election investment by MAGA Inc. for the midterms. Senate GOP leaders had petitioned Trump’s political team to spend some of the more than $400 million it had last month to help Paxton.

Democrats have also upped their spending in Alaska, Iowa, Ohio and North Carolina, all states currently held by Republicans. The GOP, meanwhile, is feeling more optimistic about New Hampshire as well as Michigan, while spending more to defend seats in Iowa and Alaska.

The expanded map has upped the anticipated total spending this cycle. AdImpact in June projected $3.4 billion in advertising spending on Senate races, a significant increase from the $2.8 billion the ad spending firm projected in the fall of 2025.

Why more states are in play than expected

Democrats’ path has widened in part because of Trump’s slumping job approval, notably on handling the economy, which was at 32% according to an AP-NORC poll in July — down from 40% in March 2025, shortly after he took office.

Trump’s trade policies and the war in Iran, with its corresponding inflated fuel costs, have added to the economic uncertainty for voters less than two months before Election Day.

“Things still cost too much. And so we’ve got to work on that issue,” Republican Rep. Jim Jordan of Ohio told The Associated Press. “We understand that and we know that’s real.”

Ohio Sen. Jon Husted heard the concern firsthand at a roundtable last month. Husted is looking to fend off a comeback from former Sen. Sherrod Brown in another key matchup for both parties.

During the discussion on housing, one attendee told Husted that costs were “skyrocketing” in part because of uncertainty around tariffs.

“Uncertainty is the killer to this economy,” said Dean Windham, a real estate developer who previously ran for office as a Republican.

Some Republican Senate candidates have defended Trump’s policies while confronting concerns about their economic impact.

In Michigan, where Trump’s tariffs on Canada have become a central issue, Rogers has backed the president’s approach while leaving room for disagreement.

“President Trump is right to put America First — and tariffs are necessary, but are not a one-size-fits-all solution,” Rogers said in a recent statement.

Republicans believe the math still favors them

Even if Democrats hold every seat they currently control, they would need to flip at least two seats in states Trump carried by double digits in 2024 to win the majority.

Republicans are betting that those underlying advantages will matter more as Election Day approaches — particularly as Trump and the party turn their attention toward mobilizing voters who helped return him to the White House.

Trump told reporters last week that he will “be making a lot of stops” in the last 30 days before the election.

This week, Republicans will hold a midterm convention in Texas, where Trump is set to speak and top Senate candidates including Rogers and Husted are expected to attend.

But Republicans acknowledge they have work to do.

“Politics is local,” Republican Sen. Mike Rounds of South Dakota said. He pointed to Trump’s decision to import beef, which he said made farmers and ranchers “feel just like the administration pulled the rug right off from underneath” them.

“They’re hurt,” Rounds said. “They feel like they’ve been let down.”

Cappelletti, Beaumont and Jalonick write for the Associated Press. Beaumont reported from Des Moines, Iowa.

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