The Trump administration is encountering a legal challenge regarding an emergency order that keeps a Florida coal-fired power plant operational despite its planned retirement.
The motion, submitted by the Environmental Defense Fund, Sierra Club, and Earthjustice on behalf of Florida Rising, urges the Department of Energy to reconsider the order. The groups argue that the order lacks evidence of an actual emergency, exceeds statutory authority, and breaches the National Environmental Policy Act.
The Department of Energy issued the order in June. The Orlando Utilities Commission (OUC) aimed to place one of the Stanton Energy Center’s two coal plants into “extended cold shutdown” by May’s end, aligning with a 2020 renewable energy plan targeting net zero emissions by 2050. OUC, serving over 288,000 customers in Orange and Osceola counties, agreed to the order but declined further comment.
“It’s absurd to keep this plant operational,” said Bradley Marshall, senior attorney at Earthjustice. “Florida has high generation capacity reserves, placing it in the lowest priority category for liability assessments due to the abundance of power plants in the state.”
The order cites energy shortages in Florida, driven by a growing data center industry, a February cold snap, and forecasts for a hot summer. It became effective June 4 and remains active through Sept. 1.
“The Energy Department remains proud of its emergency orders that have saved lives and prevented blackouts during peak electricity demand,” a statement to Inside Climate News said.
Advocacy groups claim the coal plant’s continued operation will elevate air pollution, adversely affecting nearby communities on Orlando’s outskirts. They argue it increases energy costs for Floridians, burdening underserved communities vulnerable to climate change impacts.
“An affordability crisis exists, especially with electricity bills,” Marshall stated. “Low-income communities shouldn’t pay more to keep this uneconomical plant online as backup power for investor-owned utilities.”
The administration faces similar legal challenges in Colorado, Indiana, Michigan, and Washington, where emergency orders have reversed coal plant closures. Though intended for temporary weather-related emergencies, these orders are frequently renewed.
According to advocacy groups, OUC’s financial reports show that coal has been its most expensive fuel per megawatt-hour, surpassing natural gas or solar. OUC had planned to replace the coal plant with natural gas and solar resources.
“This order from the DOE lacks justifiable need,” commented Adam Kurland, attorney for U.S. Clean Energy at the Environmental Defense Fund. “It panders to an industry struggling to compete in the marketplace due to high costs and consumer preference for clean energy.”
Original Story at insideclimatenews.org