Published September 26, 2026 at 3:05 PM ET · Updated September 27, 2026 at 2:07 PM ET
Energy Department presses coal plants to stay open after court loss
2 independent outlets are covering this story, first reported here by Daily Caller. Verification: Corroborated (how we verify). Every headline links to the original reporting.
President Trump's Energy Department continues to order coal plants to stay open after losing in court. The agency is pressing the plants to remain online despite the ruling against it.
Patriot Watch first flagged this story 4 d ago, when Daily Caller reported it. Coverage has since grown to 2 independent outlets. The most recent report came 3 d ago from WND.
⚖ The Constitutional Angle
West Virginia v. EPA held that assertions of power of vast economic and political significance need clear congressional authorization, and barred EPA from forcing the grid away from coal. Loper Bright requires courts to decide independently whether an agency acted within statutory authority, with no deference to it. The orders turn on the statute; after its court loss, the agency's reading earns no deference.
West Virginia v. Environmental Protection Agency 597 U.S. 697 (2022)
Vote: 6-3 · Opinion: Roberts
Congress did not grant EPA authority in Section 111(d) of the Clean Air Act to devise emissions caps based on generation shifting (forcing the grid from coal toward gas and renewables). In 'extraordinary cases' involving assertions of power of vast economic and political significance, the agency must point to clear congressional authorization — the first majority opinion to expressly name and apply the 'major questions doctrine.'
Loper Bright Enterprises v. Department of Commerce 603 U.S. 369 (2024)
Vote: 6-2 in No. 22-451 (Jackson recused); 6-3 in No. 22-1219 · Opinion: Roberts
Chevron is overruled. The APA — § 706's command that 'the reviewing court' shall 'decide all relevant questions of law' and 'interpret constitutional and statutory provisions' — requires courts to exercise independent judgment on whether an agency acted within its statutory authority; courts may not defer to an agency interpretation merely because a statute is ambiguous.
Precedent facts from the PW Law Library — primary-source verified & independently audited
