ATTORNEY GENERAL RAOUL CHALLENGES UNLAWFUL TRUMP ADMINISTRATION MOVE TO FORCE INDIANA COAL-FIRED POWER PLANTS TO CONTINUE OPERATING BEYOND RETIREMENT DATES

ATTORNEY GENERAL RAOUL CHALLENGES UNLAWFUL TRUMP ADMINISTRATION MOVE TO FORCE INDIANA COAL-FIRED POWER PLANTS TO CONTINUE OPERATING BEYOND RETIREMENT DATES

April 02, 2026

Chicago - Attorney General Kwame Raoul and Minnesota Attorney General Keith Ellison today challenged unlawful "emergency" orders the Trump administration issued as part of its ongoing efforts to dismantle environmental protections and erode progress states have made to move toward more affordable clean, renewable energy sources.

On his first day in office, President Trump issued executive orders declaring an unlawful "national energy emergency" and "terminating the Green New Deal." Building on those objectives, U.S. Department of Energy (DOE) Secretary Chris Wright issued emergency orders in December 2025 that would halt the retirements of costly coal units at two Indiana power plants: R.M. Schahfer (Schahfer) power plant in Wheatfield, Indiana and F.B. Culley (Culley) generating station in Newburgh, Indiana. The "emergency" orders, which were extended March 23, require the midwestern electricity grid operator, Midcontinent Independent System Operator (MISO), to work with the Northern Indiana Public Service Company (NIPSCO), the owner of the Schahfer power plant, and CenterPoint Energy (CenterPoint), the owner of the Culley generating station, to ensure the plants remain available for operation despite needing significant and expensive maintenance to do so.

"The Trump administration's orders represent yet another policy intended to take our nation backwards by undoing years of progress states have made toward clean, renewable energy sources - regardless of the impact on ratepayers and the environment," Raoul said. "There was and continues to be no energy emergency to justify the administration's unlawful 'emergency' orders. And there is certainly no evidence that justifies a need to rely on outdated, inefficient coal plants that were slated for closure. These actions threaten to undermine the clean energy solutions that our states are developing. I am proud to stand with my colleagues to oppose this unlawful overreach by the Department of Energy."

Section 202(c) of the Federal Power Act gives the DOE secretary authority to take temporary control of the nation's electricity system during emergency situations. Until now, that authority has predominantly been invoked during wartime or natural disasters. The DOE's orders were issued before the war with Iran. According to Raoul and Ellison, the orders declare an emergency based on an alleged shortage of electric energy generation when no evidence of a shortage exists. Even if an emergency existed, the attorneys general argue, the orders impose several requirements that are inconsistent with and exceed the DOE's legal authority.

According to Raoul and Ellison, the DOE did not have substantial evidence or engage in reasoned decision making when declaring the existence of an emergency in general. The orders cite a "potential" for insufficient capacity that "could" result in a need for mitigation - without referencing an actual existing or imminent emergency. Even if an emergency did exist during the timeframe of the orders, the attorneys general point out that there is no evidence the coal plants can reasonably address any future emergency need.

The Schahfer plant is located immediately southeast of Chicago, near the shore of Lake Michigan. The Culley plant is located on the shore of the Ohio River, immediately upstream of Illinois' southern border. The plants were slated for retirement due to their age and state of disrepair. The units experienced deferred maintenance leading up to their planned retirement, and they require significant overhauls and upkeep costs to continue running. By ordering MISO, NIPSCO and CenterPoint to take all necessary steps to make the coal plants available, significant maintenance costs will continue to be incurred and passed along to ratepayers. Those costs are on top of expenses to employ operators and obtain more coal, among other expenses.

Additionally, coal-fired power plants create particulate matter pollution and greenhouse gas emissions that cause climate change. Extending the operations of the plants beyond their planned retirement dates increases the amount of pollution emitted in the region, harming the public's health and welfare. The coal operations at Schahfer and Culley are also significant sources of nitrogen oxides, sulfur oxides, carbon dioxide and other pollutants. Pollutants like mercury jeopardize the Great Lakes ecosystem. Earlier this week, Raoul and a coalition filed a lawsuit challenging the Trump administration's repeal of the 2024 Mercury Air Toxics Standards Rule and reversion to outdated standards that jeopardize public health and the environment.

Already, climate change is harming the well-being of Illinois' residents, natural resources and economy. For instance, climate change has made floods more intense and more frequent, causing dramatic damage to lives and property. In 2019, flooding in Illinois and other midwestern states killed three people and caused a total of $7.6 billion in damage. In Cook County, multiple severe storms and flooding events in June and July 2023 caused $500 million in property damage. And in August 2025, severe flooding again struck the Chicagoland area, damaging over 5,500 homes.