The Trump administration, citing an ongoing “energy emergency,” has once again saddled a community already overburdened by pollution with a dirty, obsolete power plant it doesn’t want or need. The decision has confounded residents and environmental justice advocates, who called the move an abuse of federal law and a lost opportunity to improve the area’s air quality. 

The Department of Energy issued what’s called an emergency stay open order for Constellation Energy’s gas-fired power plant in Eddystone, Pennsylvania, on August 27. It is the second time since May the agency has taken this step, and amounts to “an extraordinary and unprecedented” use of the Federal Power Act, said Robert Routh of the National Resources Defense Council. 

The NRDC, along with the Sierra Club, The Clean Air Council, and several other environmental groups, is challenging the decision. Emergency stay open orders have previously been reserved for wartime conditions or natural disasters, said Routh, who is the Pennsylvania policy director for the organization. “This is an abuse of an extraordinary authority reserved for emergency situations,” he said, noting that the short-term need for increased electricity the administration cited in defending the move would not justify keeping the facility open. “They are concocting the emergency situation in order to justify keeping a dirty fossil plant online past its retirement date.” 

Eddystone lies just outside Philadelphia, at the head of a 12-mile industrial corridor that stretches to the town of Marcus Hook and is generally considered one of the most toxic areas in the state. Today, it’s home to myriad hazardous industries, including the nation’s largest trash incinerator, chemical plants, and refineries. Childhood asthma rates in the region are four times the national average, and the rates of some forms of cancer are more than 1,000 times higher. 

Constellation Energy’s gas plant in Eddystone began operation in the early 1960s and currently provides about 782 megawatts to the surrounding region. It has run only sporadically in recent years, in large part because it simply was not economical to operate consistently. According to the Environmental Protection Agency, it emitted 23,102 metric tons of carbon dioxide in 2022, 16 tons of methane, and 31 tons of nitrous oxide. Grid operator PJM approved Constellation’s shutdown request for the plant in December of 2023 after finding that the closure would not adversely impact the grid, and the facility was scheduled to close May 31. But, one day before the closure, the Department of Energy, or DOE, ordered the plant to continue operating. The agency reissued that order when it expired last week. 

Although environmental advocates argue the emergency order is a manufactured crisis, the DOE cited summer heatwaves as the rationale for keeping the plant open, noting that the “Eddystone units were called on by PJM to generate electricity during heat waves that hit the region in June and July.” The grid operator did not respond when asked if closing the plant would have caused blackouts — something that would not have been considered in its decision to approve the facility’s closure, because PJM cannot deny a closure solely on those grounds. But PJM said it supported extending the emergency order. Constellation Energy blamed the rapid expansion of the data centers powering artificial intelligence, saying that it is “continuing to work with the Department of Energy and PJM in taking emergency measures to meet the need for power at this critical time when America must win the AI race.”

In July, Trump and Pennsylvania Senator Dave McCormick announced the private sector had promised $90 billion in funding to turn Pennsylvania into a hub for data centers. This has drawn concern from environmental advocates, who worry that the promise of corporate investment will provide a handy excuse to prolong the life of oil and liquid natural gas in order to generate electricity for hypothetical data centers. 

“We have not yet seen that demand that everyone is talking about from the data centers,” said Jessica O’Neill, managing attorney at PennFuture, an environmental advocacy nonprofit. “In Pennsylvania, we just seem to fall over ourselves, again and again, to attract new industry.” Her concern, she explained, was that the state would build speculative gas plants or extend the life of aging plants in the service of an industry that might never materialize.

When Constellation’s shutdown request was approved almost two years ago, the grid operator noted that the plant’s closure would not cause “any reliability violations,” or leave the region at risk of blackouts.” Both Routh and O’Neill noted that PJM’s interconnection crisis has left many renewable energy projects in limbo as they wait to be brought onto the grid. Despite the administration’s dire warnings of an energy emergency, it has moved aggressively to shut down renewable energy projects that would provide more electricity. 

“I personally think it’s interesting that they’re justifying the stay open order on the grounds that there’s an energy emergency, because that has not been shown to be the case,” said Lauren Minsky, a medical historian and professor of environmental health at Haverford College. “And what there clearly is, is a public health emergency.” As part of her work, Minsky has been tracking community cancer rates in the industrial stretch between Eddystone and Marcus Hook. Pediatric Hodgkin’s Lymphoma rates in Eddystone are 1051 percent higher than the national average; youth uterine cancer rates are 1813 percent higher. 

The emergency stay open order will likely increase costs for ratepayers, Routh explained. Because the order came down just a day before the plant was to retire, Constellation Energy had to abruptly order an enormous amount of fuel and tackle deferred maintenance it never expected to deal with. “Those costs are going to be shifted to ratepayers,” said Routh. “Whereas this plant otherwise would not have been operating. This is an unprecedented use of this authority, and it’s done in a way that doesn’t make sense even on its own face.”