One of the more unusual, and controversial, elements of the Trump Administration's energy policy has been to force some coal plants slated for closure to remain open and operational. From the start, some have questioned whether the Department of Energy has the legal authority to issue such orders. Today, in Michigan v. Department of Energy, a panel of the U.S. Court of Appeals for the D.C. Circuit concluded that it does not.
Judge Pillard wrote for the court, joined by Chief Judge Srinivasan and Judge Wilkins. Given the panel's makeup, and the importance of this issue to the Trump Administration, I suspect a petition for en banc rehearing or certiorari will soon follow.
Judge Pillard's introduction to her opinion is lengthy, but provides a useful overview of some of the issues. It's reproduced below the jump.
