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Nebraska Files Lawsuit to Preserve Coal-Powered Plant


— October 9, 2025

“It’s foolish for any power district to turn away from the single most affordable means of energy production known to mankind,” Gov. Pillen said. “Nebraska is blessed to have readily available coal reserves in Wyoming and the railroad infrastructure to get it here.”


Nebraska is pushing back on efforts to shutter a coal-powered energy plant in Omaha, claiming that inexpensive energy is critical not only to the state’s economic success but national security, too.

In a press release, Nebraska Gov. Jim Pillen praised the lawsuit, filed by state Attorney General Mike Hilgers against the Omaha Public Power District, or OPPD. In the lawsuit, Hilgers claims that public power providers are supposed to prioritize affordability and reliability, even at the expense of sustainability and the natural environment.

“Public power providers should not achieve their self-imposed environmental goals by raising prices for Nebraska consumers,” Hilgers said. “The proposed changes at North Omaha Station do not align with the fundamental objectives outlined by the Legislature, undermining the promise of public power.”

Pillen, in his press release, said it would be “foolish” for the OPPD to close the door on affordable energy, even if that energy carries an environmental cost.

“It’s foolish for any power district to turn away from the single most affordable means of energy production known to mankind,” Pillen said. “Nebraska is blessed to have readily available coal reserves in Wyoming and the railroad infrastructure to get it here.”

Image courtesy of Flickr Commons.

Pillen noted that some of the United States’ geopolitical adversaries, including Russia and China, have increased coal production and consumption in recent years.

“Foreign adversaries have sped up their own coal production, most notably China and Russia,” Pillen said. “It is unfathomable why we would take any action that would slow or stop our own expansion of coal-driven energy.”

Pillen’s press statement did not explain why the governor’s office chose to compare the United States—the world’s single-largest economy and among the most advanced in the world—with war-weary Russia and rapidly-developing China. However, Pillen did make a fairly uncommon claim: that coal no longer presents a significant emissions risk.

“Today’s coal production does not carry the same emission risks that it did in the past. The scrubbing technology that is used today is very efficient and very effective in removing pollutants,” Pillen said. “Science is on our side, allowing us to make coal energy into clean energy.”

The lawsuit seeks an injunction, or court order, preventing OPPD from retiring coal-powered plans at its North Omaha station.

“We are calling on the Court to issue an injunction that halts OPPD’s current plan to refuel and retire units at North Omaha Station because that plan is based on political objectives that deviate from its founding mission,” Hilgers stated.

Sources

Attorney General Mike Hilgers Initiates Legal Action Against OPPD for Proposed Changes

Gov. Pillen Applauds Lawsuit Aimed at Ending Coal Energy Generation at OPPD North Station

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