Public Interest Groups Challenge Trump Administration’s Renewal of an Order to Keep Washington’s Last Coal Plant Operating

Today, public interest groups filed a second request for rehearing in response to the Department of Energy’s (DOE) renewal last month of an emergency order forcing the TransAlta coal plant in Centralia to remain open.

The request follows a federal court challenge filed last month by the groups to overturn the Trump administration’s original illegal order issued just two weeks before the plant’s last coal-burning unit was legally required to shut down on Dec. 31.

“Today’s filing is a step towards challenging this renewal, like we did with the initial illegal order. We will keep fighting this sham effort by the Trump administration to try to keep this coal plant operating past its required shut down date,” said Earthjustice Senior Attorney Patti Goldman. “Nobody wants this dirty, inefficient coal plant to keep operating except for the Trump administration.”

“The Trump administration is continuing to waste time and money, and risking higher energy costs for Washingtonians by doubling down on this false emergency,” said Sierra Club Senior Attorney Greg Wannier. “The only purpose of the original order and its renewal is to disrupt Washington’s long-range planning to transition to affordable and reliable clean energy.”

“Washington has already turned the page on dirty and expensive coal power. We’re investing in homegrown, affordable resources like solar and wind energy to power our future,” said James Hove, Washington Director of Climate Solutions. “In the face of the growing climate crisis and rising energy bills, we won’t let DC dictate our energy future here in the Northwest by dragging us backwards to the waning coal era.”

“Trump’s price-gouging of American families continues with his absurd campaign to force households to pay for expensive and unneeded coal power plants,” said Tyson Slocum, Energy Program Director for Public Citizen. “Trump’s incompetent, incoherent energy policy is exemplified by forcing TransAlta to operate Centralia under a fake energy emergency at the same time it considers TransAlta’s application to export electricity to Canada.”

“The Centralia coal plant hasn’t even produced power since the Trump administration mandated that it stay open. Instead, it’s just producing unnecessary costs for families and businesses,” said Ted Kelly, Director and Lead Counsel for U.S. Clean Energy at Environmental Defense Fund. “Washington state and the Northwest have plenty of other more reliable, clean energy resources, which is why this aging coal plant has not been called on to run since the Department of Energy forced it to stay online past retirement. These illegal coal plant mandates are a reckless use of federal authority and a wasteful charade for ratepayers.”

“The DOE is ignoring reality: Washington is ready for clean energy,” said Julian Santos, Washington Conservation Action’s Climate and Clean Energy Senior Manager. “Propping up this outdated plant doesn’t protect our electrical grid—it just raises costs for residents and delays the shift to affordable, renewable energy.”

“The evidence is clear: the Northwest has plenty of resources to maintain reliability without Centralia, and our utilities and planners in the Northwest are exercising lawful authorities and prudent planning to ensure this continues,” said NW Energy Coalition Utility and Regulatory Director Lauren McCloy. “The current administration is not responding to a crisis — it is manufacturing one. This order disrupts planning and causes costs that will be borne by Washington families, who deserve cleaner, more affordable resources — not a lifeline for an unnecessary coal plant.”

Background

Earthjustice, representing NW Energy Coalition, Washington Conservation Action, and Climate Solutions, along with Sierra Club and the Environmental Defense Fund, filed a challenge in early March to overturn an illegal emergency order issued by DOE to force Washington’s last coal plant to continue operating. The State of Washington filed a similar lawsuit.

The groups’ legal challenge asserts the Trump administration is unlawfully using Section 202(c) of the Federal Power Act, which generally allows DOE to order power plants to operate for short periods of time in response to imminent and unexpected shortfalls. This DOE order exceeds that authority and tries to impose the administration’s preference for coal-fired power.

The DOE order for the TransAlta coal plant in Centralia is one of several issued by the Trump administration to prevent the long-planned retirement of some of the oldest, dirtiest, most expensive and unreliable coal-burning power plants across the country. Other orders issued for coal plants in Michigan, Indiana and Colorado are being challenged by public interest groups as well as attorneys general. The unlawful orders will unnecessarily drive up household electricity bills and worsen harmful pollution.

Efforts to close down the Centralia plant date back nearly 20 years. Earthjustice represented Sierra Club and National Parks and Conservation Association in advocacy and litigation to force the plant to reduce smog and harmful air pollution.