Minnesota Attorney General Keith Ellison and Illinois Attorney General Kwame Raoul challenged emergency orders from the Trump administration on April 3 that require two Indiana coal-fired power plants to continue operating past their planned retirement dates. The attorneys general argue these actions are unlawful and will result in higher costs for ratepayers while increasing pollution.
The issue centers on the Department of Energy’s (DOE) use of Section 202(c) of the Federal Power Act, which allows temporary federal control over electricity systems during emergencies. The DOE issued orders in December 2025, later extended in March, instructing operators at R.M. Schahfer and F.B. Culley generating stations to delay plant retirements due to an alleged energy shortage. Ellison and Raoul say there is no evidence of a real emergency requiring such action.
“It makes no sense for the federal government to force old, out-of-date, expensive, and polluting coal plants to continue operating far past when they were supposed to shut down,” said Attorney General Ellison. “This is not an issue of affordability versus sustainability. Continuing to operate these plants will ultimately raise energy costs for ratepayers, which is why the state of Indiana, which is not exactly a bastion of progressive environmental policy, was working to retire them. In addition to this being foolish from an economic and environmental standpoint, Donald Trump doesn’t even have the legal authority to order these plans to continue operating. I’m suing to stop this unlawful action and prevent the Trump administration from raising Minnesotans’ energy costs and increasing pollution that leads to climate change.”
According to Ellison and Raoul, similar DOE actions have already led Michigan ratepayers to pay $134 million more for just six months’ operation at another coal plant scheduled for closure. They warn that extending operations at aging facilities like Schahfer near Lake Michigan and Culley along the Ohio River could bring additional maintenance expenses as well as increased emissions of mercury, particulate matter, and greenhouse gases.
The attorneys general further contend that forcing continued operation undermines longstanding state efforts toward cleaner energy sources by keeping inefficient units online despite their need for significant repairs or fuel replenishment after preparing for shutdowns.
Earlier this week, Ellison joined a coalition challenging repeal of federal Mercury Air Toxics Standards by filing suit against what he described as executive overreach endangering public health and environmental protections.
