A federal appeals court has ruled that the United States Energy Department exceeded its authority when it ordered a coal-fired power plant in the US state of Michigan to remain open beyond its planned retirement, dealing a setback to the Trump administration's effort to keep ageing coal facilities operating.

The US Court of Appeals for the District of Columbia Circuit ruled unanimously on Friday that there was no emergency under federal law that justified keeping the 64-year-old JH Campbell Generating Plant online. Energy Secretary Chris Wright invoked emergency powers last year, arguing that the plant was needed to maintain reliable electricity in the region.

President Donald Trump declared a national energy emergency in an executive order in January last year, citing demand increases from artificial intelligence and data centre growth.

Judge Cornelia Pillard, writing for the three-judge panel, said the emergency provision of the Federal Power Act was intended as a "narrow, last-resort backstop." She said the authority could be used only when immediate action was required, and states or utilities could not address the problem themselves.

Pillard also described the reversal of the plant's "long and carefully planned retirement" as "disruptive".

The plant, operated by Consumers Energy, had been scheduled to close in May 2025, but the company has continued operations under energy department orders. That has cost about $259m, according to financial filings, with opponents warning that the expense could ultimately fall on families and businesses in midwestern US states.

Michigan Attorney General Dana Nessel, a Democrat, whose office joined counterparts in Illinois and Minnesota in challenging the orders, welcomed the ruling. She said the appeals court had "thrown out DOE's order that had zero basis in reality".

The Energy Department defended its use of emergency powers, saying the orders helped prevent blackouts and "likely saved hundreds of lives" during periods of peak demand, particularly during severe winter storms in late January and early February. The department said that during the winter storm peak, coal generation in affected areas increased by 25 percent compared to the previous year.

The Michigan case is one of several legal disputes that have emerged across the country. Secretary Wright issued another emergency order, just hours after the ruling, to a coal plant in Centralia, Washington, to remain in operation. Similar orders have been issued for plants in Indiana, Colorado and Florida, as well as an oil and gas plant in Pennsylvania.

Civil rights advocates on Monday asked the U.S. Supreme Court to review a Texas law requiring public schools to display the Ten Commandments, teeing up a potential new test of state-sponsored religious expression in classrooms.

Posters featuring the Ten Commandments began going up almost a year ago in classrooms across Texas, which educates about 5.5 million students. An appeals court earlier this year cleared the way for Texas’ law and one in Louisiana, and similar laws have been passed in Arkansas and Alabama.

“This is an issue of nationwide importance because a number of states have been considering these laws in recent years,” said Heather Weaver, an attorney with the American Civil Liberties Union.

Over two dozen Texas families represented by the ACLU and other groups petitioned the nation’s highest court to hear their challenge after the conservative-leaning 5th U.S. Circuit Court of Appeals in April upheld the Texas law in a 9-8 ruling.

“We would like for the Supreme Court to make clear that singling out Scripture for display in public schools is a violation of the First Amendment,” Weaver said.

The office for Texas Attorney General Ken Paxton did not immediately comment Monday.

In the families’ Supreme Court brief, their attorneys argue that the law violates basic First Amendment principles governing the separation of church and state.

“The question of whether a state may impose scripture on impressionable, captive-audience children — for nearly every hour of every school day, for up to (13) years — implicates the most fundamental guarantees of the First Amendment and our Nation’s highest ideals,” they wrote.

The New Orleans-based 5th Circuit reversed lower federal court rulings that had blocked some Texas school districts from putting up the posters.

Republican Gov. Greg Abbott signed the law, which took effect last September. Because Texas’ law only requires districts to hang the Ten Commandments if they are donated, conservative groups and individuals began dropping off boxes of posters at campuses across the state as the school year began last year.

“No child is made to recite the Commandments, believe them, or affirm their divine origin,” the 5th Circuit’s ruling says.

In 1980, the U.S. Supreme Court ruled that a similar Kentucky law violated the establishment clause of the U.S. Constitution, which says Congress can “make no law respecting an establishment of religion.” The high court found that the law had no secular purpose but rather served a plainly religious purpose.

A federal judge refused on Friday to block the Trump administration from taking steps to build 62 miles of international border wall along part of a Native American tribe’s reservation without its consent.

U.S. District Judge Richard Leon in Washington, D.C., denied the Tohono O’odham Nation’s request for a court-ordered halt to border wall construction on its 2.8-million-acre reservation. Leon ruled the tribe hasn’t established that a border wall will change its reservation boundaries without congressional authority.

The judge also rejected the tribe’s claim that the planned border wall would illegally trespass on its reservation.

“And in any event, I find that the Government’s interests in securing the border, enforcing immigration laws, and ensuring public safety outweigh any surviving irreparable harms at this juncture,” Leon wrote.

The tribe released a statement late Friday strongly disagreeing with the decision.

“Too many critical issues were not adequately addressed, such as inevitable impacts construction will have on the Nation’s land and the permanent destruction of sacred sites,” Tohono O’odham Nation Chairman Verlon M. Jose said. “The Nation will consider all possible options for moving forward, as this issue is simply too important to the O’odham.”

The O’odham reservation in the Sonoran Desert in Arizona abuts 62 miles of the Mexico border. The tribe has over 37,000 members, including thousands who live in Mexico.

Building the border wall would led to “significant devastation” on the reservation, including the destruction of mountain peaks that are sacred to the O’odham, tribe attorneys said.

“It would fray the ties between O’odham communities and families on opposite sides of the border, interfere significantly with O’odham religious rituals and practices, and destroy plant and animal resources sacred to the O’odham,” the lawyers wrote.

In 1907, President Theodore Roosevelt issued a proclamation reserving a 60-foot strip of public land along the U.S.-Mexico border for a buffer zone called the “Roosevelt Reservation,” which was formed a decade before the reservation’s establishment.

Tribe attorneys say it is “fanciful at best” to suggest that border wall construction can be confined to a 60-foot-wide corridor. During a July 22 hearing, Leon appeared to be skeptical that U.S. laws tip in favor of the tribe’s bid for a preliminary injunction, calling it an “extraordinary” request. Leon, who was nominated to the bench by Republican President George W. Bush, said he couldn’t find a previous court ruling under comparable circumstances.

Right-leaning legal activists along with Elon Musk’s artificial intelligence company have brought sweeping challenges against a cornerstone of legal enforcement in the United States: the right of private groups, people and local governments to sue over violations of many major laws.

Their argument, supported by the Trump administration, is that the Constitution reserves tremendous power for the president and federal agencies to decide how — or whether at all — to enforce federal law. They contend Congress should never have handed that power to others through so-called citizen suits that are part of environmental, campaign finance and certain other laws.

Environmentalists say it would be devastating to lose this essential, decades-old tool that is used to impose fines and halt lawbreaking by bad actors. Citizen suits, for example, have extracted millions from heavily polluting oil and gas operations, and ensured that lead pipes in Flint, Michigan, would be removed after its water crisis.

Legal experts say four pending federal cases — one of them filed last week — are moving forward at a time when the conservative majority on the Supreme Court gives opponents of citizen suits a greater chance than ever of success. The hard part for those opponents now is winning early federal cases and creating disagreement between the country’s appeals courts, which may help convince the Supreme Court the issue is important enough for a nationwide ruling.

Back in 2000, a Supreme Court opinion opened the door for that possibility.

“Many of us who worked in this area have been waiting basically 26 years for this shoe to drop,” said Richard Lazarus, a Harvard professor with decades of experience in environmental law.

Lazarus was referring to former moderate Justice Anthony Kennedy’s comments in a Clean Water Act case that citizen suits raised “difficult and fundamental” questions about whether they improperly dilute executive power. The late conservative Justice Antonin Scalia wrote in a dissenting opinion in the same case that citizen suits turn “over to private citizens the function of enforcing the law.” He avoided explicitly saying they were constitutional.

“The court is more like Scalia’s court since he died than it ever was when he was there,” said Lazarus.

He observed that those who lost cases where Scalia dissented are rushing back to today’s court hoping for a more favorable result.

The critical issue for citizen suits is who — the government or private citizens — collects fines and has control. A person filing a citizen suit must tell the government ahead of time. The government can stop the suit if it sufficiently pursues the case itself, but its options are limited and the person suing can stay involved. Citizen suits can force compliance with the law and result in fines, which go to the U.S. Treasury.

Twenty-five states sued the Trump administration Monday over its latest tariffs, calling them a pretext for replacing import taxes the Supreme Court struck down in February.

The United States last month imposed double-digit tariffs on 59 countries and the European Union, charging that they had not done enough to crack down on imports produced by forced labor. The new tariffs took effect just as the clock ran out on temporary tariffs President Donald Trump had turned to after the Supreme Court defeat.

“After losing at the Supreme Court, the administration is once again trying to illegally raise taxes on families and businesses with a new round of tariffs,” said New York Attorney General Letitia James.

Joining New York in the lawsuit announced Monday are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Kentucky, Massachusetts, Maryland, Maine, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Virginia, Vermont, Washington and Wisconsin.

Trump, who argues that high tariffs will revive American manufacturing, last year overturned decades of U.S. policy that favored lower tariffs and ever-freer trade. Invoking the 1977 International Emergency Economic Powers Act, or IEEPA, he imposed double-digit tariffs on imports from almost every country, saying America’s longstanding trade deficit amounted to a national emergency.

But the Supreme Court ruled that IEEPA did not authorize tariffs. The decision forced the administration to send refunds to importers who’d paid the tariffs. Eager to make up the lost revenue, Trump turned to temporary 10% worldwide tariffs. But they expired at midnight July 24.

Now he’s tapping more durable tariffs under Section 301 of the Trade Act of 1974, which permits the president to impose import taxes and other sanctions against countries found to engage in unfair trade practices. Trump used Section 301 to impose big tariffs on China in his first term, and they survived court challenges.