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•  Court News - Legal News


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.

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.

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.




A federal judge refused on Friday to block the Trump administration from taking steps to build 62 miles of international border wall along part of a Native American tribe’s reservation without its consent.

U.S. District Judge Richard Leon in Washington, D.C., denied the Tohono O’odham Nation’s request for a court-ordered halt to border wall construction on its 2.8-million-acre reservation. Leon ruled the tribe hasn’t established that a border wall will change its reservation boundaries without congressional authority.

The judge also rejected the tribe’s claim that the planned border wall would illegally trespass on its reservation.

“And in any event, I find that the Government’s interests in securing the border, enforcing immigration laws, and ensuring public safety outweigh any surviving irreparable harms at this juncture,” Leon wrote.

The tribe released a statement late Friday strongly disagreeing with the decision.

“Too many critical issues were not adequately addressed, such as inevitable impacts construction will have on the Nation’s land and the permanent destruction of sacred sites,” Tohono O’odham Nation Chairman Verlon M. Jose said. “The Nation will consider all possible options for moving forward, as this issue is simply too important to the O’odham.”

The O’odham reservation in the Sonoran Desert in Arizona abuts 62 miles of the Mexico border. The tribe has over 37,000 members, including thousands who live in Mexico.

Building the border wall would led to “significant devastation” on the reservation, including the destruction of mountain peaks that are sacred to the O’odham, tribe attorneys said.

“It would fray the ties between O’odham communities and families on opposite sides of the border, interfere significantly with O’odham religious rituals and practices, and destroy plant and animal resources sacred to the O’odham,” the lawyers wrote.

In 1907, President Theodore Roosevelt issued a proclamation reserving a 60-foot strip of public land along the U.S.-Mexico border for a buffer zone called the “Roosevelt Reservation,” which was formed a decade before the reservation’s establishment.

Tribe attorneys say it is “fanciful at best” to suggest that border wall construction can be confined to a 60-foot-wide corridor. During a July 22 hearing, Leon appeared to be skeptical that U.S. laws tip in favor of the tribe’s bid for a preliminary injunction, calling it an “extraordinary” request. Leon, who was nominated to the bench by Republican President George W. Bush, said he couldn’t find a previous court ruling under comparable circumstances.




Moderate Democrat David Crowley won the Wisconsin primary for governor, defeating a democratic socialist who fell short while trying to deliver another win for progressives in a battleground state.

Crowley, the Milwaukee county executive, is vying to become Wisconsin's first Black governor and pitched himself as the candidate best positioned to win in November against Republican U.S. Rep. Tom Tiffany, who is endorsed by President Donald Trump.

Crowley narrowly defeated democratic socialist Francesca Hong, who was hoping to ride the wave of recent victories by progressive candidates, including Abdul El-Sayed in neighboring Michigan's U.S. Senate race last week.

El-Sayed's win was the movement's first major success in a purple state. It also fed fears in the party's leaders that such candidates, farther afield and often carrying political baggage of past stances such as defunding the police, would struggle to beat Republicans and imperil the party's hopes of recapturing control of the U.S. Senate and U.S. House.

Crowley didn't address supporters Tuesday night but was expected at a unity event later Wednesday.

"Now, David is focused on bringing people together, earning the support of Democrats, Republicans, Independents, and anyone who believes Wisconsin is at its best when we work together and deliver results," Crowley's campaign manager Garren Randolph said in a statement.

Hong's loss in Wisconsin may have doused the momentum, but it's far from snuffing it out. A democratic socialist coming close to victory in a battleground state sends a clear message: There's unignorable angst among the party's voters.

"We have built something that will change politics forever," Hong told supporters as the outcome of the race hung in the balance late Tuesday. "The work we have done will be remembered forever. I know we don't have the final results right now, but what I do know is we are ready to keep fighting."

Her campaign manager Becky Cooper said after Hong conceded that she was "proud of the race we ran."

"Our team campaigned clean, our souls are intact and we really made meaningful change for the progressive movement," she said.

The Associated Press declared Crowley the winner once Hong's concession removed the possibility of a recount in the exceptionally close race.

Hong could have requested a recount since Crowley's margin of victory was less than 1 percentage point. But because it was wider than 0.25 points, Hong's campaign would have had to pay for it.

Sanders and other top progressives stayed out of the Wisconsin race

Progressives had wanted to notch a clear win, but national progressive leaders, most notably Vermont Sen. Bernie Sanders and U.S. Rep. Alexandria Ocasio-Cortez, sat out the race and did not endorse.

The movement is not entirely aligned. Not all candidates are democratic socialists or have endorsements from Sanders, but they are often tilling similar voter anger with politics and the party: over military aid to Israel, the amount of money wielded in campaigns, the Trump administration's immigration raids and the high cost of daily life.

In New York City in the June primary elections, two democratic socialist candidates and a progressive came out on top, booting two Democratic incumbents from Congress in the process. All three were backed by the city's mayor, Zohran Mamdani, himself a democratic socialist who framed the upsets as a question of electing "better Democrats."

Democrats in Wisconsin are hoping to capitalize on low approval ratings for Trump in a state he won in 2016 and 2024 to retain control of the governor's office and flip both chambers of the Legislature to earn full control of Wisconsin state government for the first time since 2010.


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