Trump’s emergency orders pushing coal power are illegal as well as dumb

Once the backbone of the U.S. electricity grid, coal has seen a marked decline as power plants face shutdowns due to high operational costs and environmental concerns. However, former President Donald Trump has recently reignited efforts to bolster the coal sector, utilizing emergency powers through the Department of Energy to mandate that utilities maintain outdated plants. Legal experts are voicing strong opposition to these measures, arguing that they represent a significant misapplication of laws meant for times of national crisis. Alexandra Klass, a professor at the University of Michigan Law School and former deputy general counsel at the Department of Energy under the Biden administration, stated emphatically, "It’s just illegal." She warns that these emergency orders could disrupt long-term planning for utilities and regulators, leading to detrimental effects on both consumer bills and climate initiatives. As the Trump administration supports coal, it simultaneously hampers the growth of cleaner energy solutions, such as offshore and onshore wind projects, further complicating the energy landscape. Ongoing legal challenges are being mounted against these emergency orders in the U.S. Court of Appeals for the District of Columbia Circuit by environmental advocates and state officials. Klass, along with colleague Dave Owen from UC Law San Francisco, has contributed to a new essay published in the Michigan Law Review Online. This work explores the historical context and contemporary application of presidential emergency powers in the energy sector. The current invocation of Section 202(c) of the Federal Power Act harkens back to its original use by President Franklin D. Roosevelt in 1941, a time when immediate government intervention was deemed necessary to meet electricity demands during the lead-up to World War II.