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The Climate Litigation Database

Washington v. U.S. Department of Energy

Geography
Year
2026
Document Type
Litigation
Part of

About this case

Filing year
2026
Status
Petition for review filed.
Docket number
26-1252
Court/admin entity
United StatesUnited States Federal CourtsUnited States Court of Appeals for the Ninth Circuit (9th Cir.)
Case category
Federal Statutory Claims (US)NEPA (US)Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesFederal Power ActUnited StatesNational Environmental Policy Act (NEPA)
At issue
Challenges to the the U.S. Department of Energy’s December 16, 2025 order requiring that a coal-fired generation unit at the TransAlta Central Generation electric generating facility in Washington continue to be made available for operation.

Documents

Filing Date
Document
Type
03/03/2026
Petition for review filed.
The State of Washington filed a petition for review in the Ninth Circuit Court of Appeals challenging the U.S. Department of Energy’s December 16, 2025 order requiring that a coal-fired generation unit at the TransAlta Central Generation electric generating facility in Centralia, Washington, be made available for operation until March 16, 2026. The unit had been slated to cease operation in December 2025. The Secretary of Energy declared that an emergency existed in the Western Electricity Coordinating Council Northwest assessment area resulting from increasing demand and accelerated retirement of generation facilities. In its request for rehearing, the State had argued that the order violated the Federal Power Act, was arbitrary and not supported by substantial evidence, was arbitrary and capricious, would undermine energy markets and harm consumers, and failed to comply with the National Environmental Policy Act. Among the harms cited by the State in its request for rehearing was that the order would make it harder for Washington to achieve its greenhouse gas emissions reductions mandates.
Petition

Summary

Challenges to the the U.S. Department of Energy’s December 16, 2025 order requiring that a coal-fired generation unit at the TransAlta Central Generation electric generating facility in Washington continue to be made available for operation.