Groups Challenge the Trump Administration’s Illegal Eddystone Plant Extension

HARRISBURG, PA – Public interest groups, led by NRDC (Natural Resources Defense Council), on June 27, 2025 legally challenged the Department of Energy’s mandate to keep the Eddystone Generating Station open past its planned closing. The Department of Energy (DOE) issued an order on May 30 forcing the uneconomic oil and gas power plant to remain operational past its planned May 31, 2025 retirement date.

The DOE used section 202(c) of the Federal Power Act to issue its order, which was designed to give the federal government the power to direct power plants to operate in response to one-off emergency events such as hurricanes, but the Eddystone retirement has been planned for nearly two years and the region has more-than-adequate generation resources–there is simply no emergency. The DOE’s order falsely invokes emergency powers to upend the usual legal and regulatory decision-making process.

The owner of Eddystone Generating Station, Constellation Energy, submitted a deactivation notice in December 2023, aiming to close the plant because it was uneconomic. The regional electric grid operator, PJM, determined that closing the aging plant would not hurt grid reliability, and that the PJM region has sufficient generation capacity available to make Eddystone’s operation unnecessary.

DOE’s order does not include any federal funding to keep the expensive Eddystone plant operational, and the additional costs associated with this extension will be passed onto consumers in Pennsylvania and the region.

NRDC filed the request for rehearing with the DOE. The groups signing the request include Citizens for Pennsylvania’s Future (PennFuture) represented by Clean Air Task Force, Environmental Defense Fund, Sierra Club, and Public Citizen. DOE has 30 days to respond to the June 27, 2025 motion, after which the organizations can challenge the order in court.

The following are quotes from the organizations who have signed the motion:

“There is no energy ‘emergency’ that calls for rash, last-minute action by the federal government to require this inefficient, uneconomic plant to stay open. Pennsylvania families will now have to cover the costs of this unlawful, unnecessary, and harmful order. Forcing Eddystone to refuel its supplies of oil and gas and undergo emergency maintenance on a whim will not support grid reliability, but it will hurt consumers,” said Robert Routh, Pennsylvania policy director at NRDC. “Pennsylvanians deserve a clean, reliable, affordable electric grid. DOE’s order undermines each of these goals.”

"The real harm will be to residents of Southeastern Pennsylvania, who will be paying for more expensive power at a high pollution output,” said Jessica O’Neill, managing attorney for Litigation at PennFuture. “This is a manufactured emergency on behalf of the fossil fuel industry to circumvent the market forces prioritizing cleaner, less costly renewable sources of power."

“Extending the aging and uneconomic Eddystone plant beyond its planned retirement is bad for public health and the environment – and is an unlawful action under the guise of an energy emergency,” said Frank Sturges, attorney at Clean Air Task Force. “There is no justification for keeping the Eddystone plant online, but the air will be dirtier in Pennsylvania, and costs for consumers will go up. We stand ready to fight this action in court if necessary.”

“This reckless decision will run up Pennsylvanians' electricity bills right as they’re seeking relief from the heat. And it means kids and families will be forced to breathe in dangerous pollution this summer,” said Ted Kelly, director and lead counsel for U.S. Clean Energy, Environmental Defense Fund. “Pennsylvania has a better path forward – harnessing its abundant clean energy resources to cut energy bills, create good jobs and improve people’s health.”

“President Trump’s energy emergency is phonier than a three-dollar bill, but the impact his lawless action to force ratepayers to pay to keep Eddystone open will result in real energy bill increases for working families,” said Tyson Slocum, energy program director for Public Citizen.

“The Administration’s order to prolong the lifespan of the aging and expensive Eddystone power plant is illegal and irresponsible to the customers in Constellation’s service region,” said Sierra Club Senior Counsel Greg Wannier. “There are ample cleaner and less expensive sources that already ensure reliability in the region. This order does not benefit Pennsylvanians or the PJM Region in any meaningful way, and risks increasing customers’ financial burdens in the event they are forced to foot the bill for this unplanned and unneeded extension.”

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