Washington AG Sues DOE Over TransAlta Plant Order

WA Attorney General News Releases

Filed March 3rd, 2026

Detected March 4th, 2026

Summary

Washington Attorney General Nick Brown has sued the U.S. Department of Energy (DOE) in federal court, seeking to overturn an order to reopen the TransAlta coal power plant in Centralia. The AG also filed a separate FOIA lawsuit alleging the DOE unlawfully withheld records related to the order.

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What changed

Washington Attorney General Nick Brown is challenging a U.S. Department of Energy (DOE) order that would compel the reopening of the TransAlta coal power plant in Centralia, Washington. The state AG's office filed a petition with the Ninth Circuit Court of Appeals to have the order vacated, arguing it is illegal and would jeopardize public health and potentially increase energy costs. Concurrently, a Freedom of Information Act (FOIA) lawsuit was filed in the U.S. District Court for the Western District of Washington, alleging the DOE unlawfully withheld records pertaining to the reopening order.

This action represents a direct legal challenge by a state against a federal agency's energy policy directive. Regulated entities, particularly those in the energy sector operating under federal oversight, should monitor this litigation as it could set a precedent for state-federal authority disputes regarding energy infrastructure and environmental regulations. While no specific compliance deadline is mentioned for regulated entities, the AG's office is seeking judicial review and the vacating of the DOE's order, implying a need for continued legal scrutiny and potential policy adjustments depending on the court's decision.

What to do next

Monitor ongoing litigation between Washington AG and DOE regarding the TransAlta plant order.
Review DOE directives and state-level energy policies for potential conflicts or ambiguities.

Source document (simplified)

FOR IMMEDIATE RELEASE:

Mar 3 2026

Attorney General Nick Brown today asked the Ninth Circuit Court of Appeals to reject an illegal attempt by the U.S. Department of Energy (DOE) to command the reopening of TransAlta’s decommissioned coal power plant in Centralia.

Additionally, Brown sued DOE in U.S. District Court for the Western District of Washington alleging the federal agency violated the Freedom of Information Act (FOIA) by unlawfully withholding records related to that order to reopen the coal power plant.

“Trying to force Washington to restart a defunct power plant is not only illegal, but would also jeopardize public health,” Brown said. “Washington state will not be bullied.”

The TransAlta power plant in Centralia had all but ceased coal power generation by December 2025 as part of a deal approved by the state Legislature in 2011. That same month, TransAlta announced plans to partner with Puget Sound Energy to convert its last coal power station to natural gas, a much cleaner and more efficient energy source, to provide power during periods of high demand.

Then, citing a hypothetical and unlikely energy emergency, DOE threw those plans into chaos by ordering the plant’s last coal-fired power station to open. Rather than help the state’s power grid, the move will likely drive up energy costs and expose Washington communities to more pollution.

In January, Brown filed a request to DOE for a rehearing of the order, which the agency denied without explanation. Under the Federal Power Act, the state now is entitled to petition the appellate court for review.

Today’s petition brings the total number of cases filed by the Washington Attorney General’s Office (AGO) against the current federal administration to 52. In this filing against DOE, the AGO asked the Ninth Circuit to “hold unlawful, vacate, and set aside the Centralia Order and grant such further relief as may be deemed just and proper.”

A copy of the petition to the Ninth Circuit is available here. A copy of the FOIA complaint is available here.

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