The D.C. Circuit Court of Appeals held that the U.S. Department of Energy (DOE) exceeded its statutory authority when it unilaterally ordered that the coal-fired J.H. Campbell Generating Plant continue to operate instead of closing under a plan approved by the Michigan Public Service Commission and the Midwest Independent System Operator. The D.C. Circuit concluded that the text, structure, and history of the Federal Power Act did not support DOE’s “sweeping conception” of its emergency authority. The court held that Section 202(c) of the Federal Power Act was “best read to apply where the Department identifies a risk of substantial harm from inadequate electricity supply that calls for immediate action by DOE in particular, as opposed to by the states.” The D.C. Circuit found that the circumstances DOE identified in the challenged order¬—including “the mere possibility of an electricity supply shortfall” without specific details regarding potential severity, timing, location, or likelihood of such a shortfall—did not warrant emergency action under Section 202(c). The D.C. Circuit decision noted that states were “largely responsible for meeting the core policy goal of achieving ‘resource adequacy,’” and noted that in doing so state regulators also have other legal obligations and policy priorities that may include climate change.

Challenges to Secretary of Energy’s order determining that an emergency existed in the Midwest due to shortages of electric energy and electric generation facilities and ordering Campbell coal-fired power plant to remain available to operate.

People of the State of Michigan v. U.S. Department of Energy

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D.C. Circuit Ruled that Department of Energy Exceeded Its Authority When It Ordered Continued Operation of Michigan Coal-Fired Power Plant 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Actions to reduce emissions in energy generation and supply.

Technologies that capture and hold energy in reserve for later use.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Production of electricity and heat from solar irradiation.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

D.C. Circuit Ruled that Department of Energy Exceeded Its Authority When It Ordered Continued Operation of Michigan Coal-Fired Power Plant

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Economic sector

Finance