RGGI argued before the Pennsylvania Supreme Court
- In July 2024, the Pennsylvania Supreme Court heard arguments on whether the 2019 executive order joining RGGI constitutes an unauthorized tax or a valid regulatory fee.
- The 2023 Commonwealth Court ruled Pennsylvania’s participation in RGGI exceeded DEP's authority and imposed a tax requiring General Assembly approval, prompting Governor Shapiro's appeal.
- RGGI requires power plants in 12 states, including Pennsylvania, to buy carbon credits limiting CO2 emissions, investing auction revenues in energy efficiency and public programs.
- Attorney David Fine stated that RGGI costs could total $2 billion, burdening consumers and causing job losses already linked to regulatory uncertainty and industry shutdowns.
- The Supreme Court’s forthcoming decision will clarify if RGGI’s program is a tax needing legislative consent or a permissible regulatory fee, shaping Pennsylvania’s energy and economic policies.
15 Articles
15 Articles
Pennsylvania Supreme Court hears case regarding Chester Water Authority assets
After a three-year wait, the Pennsylvania Supreme Court on Wednesday heard the case about who actually owns the Chester Water Authority assets. On one side, the Chester Water Authority and Chester County argued the position that the nine-member board representing member Delaware and Chester counties and the city of Chester have the authority to determine the fate of the assets. The city of Chester maintained the city started the authority and ca…
Lawyers Spar Over Whether Pennsylvania Agency Has Authority to Issue Carbon Allowances to Power Plants - Inside Climate News
Before Pennsylvania’s high court, the state defends efforts to join the Regional Greenhouse Gas Initiative. Foes say the plan is an illegal tax.By Jon HurdlePennsylvania’s highest court heard arguments over whether the state’s proposed membership of an interstate agreement to curb carbon emissions from power plants is invalidated by being a tax not authorized by the legislature.

Pa. justices ask in oral arguments: Is RGGI a tax, a fee, or something completely different?
The Pennsylvania Supreme Court July, 2024 (Jen Barker Worley/ Administrative Office of Pennsylvania Courts)The Regional Greenhouse Gas Initiative could put fossil fuel-burning power plants out of business and significantly increase energy costs for consumers, electricity producers and Republican opponents of the program said Tuesday in state Supreme Court. They argued the state Department of Environmental Protection overstepped its authority and…
Pennsylvania Supreme Court Hears Oral Arguments re RGGI Carbon Tax - Marcellus Drilling News
Yesterday, the seven members of the Pennsylvania Supreme Court (five Democrats and two Republicans) heard oral arguments in a lawsuit that attempts to force PA to accept the Regional Greenhouse Gas Initiative (RGGI), an obscene carbon tax on coal- and gas-fired power plants. Former Democrat Governor Tom Wolf tried to force the state to join...
State Supreme Court hears arguments over Pa.’s membership in Regional Greenhouse Gas Initiative
The Regional Greenhouse Gas Initiative requires fossil fuel burning power plants to pay for carbon dioxide emissions. But is it a tax or a fee? The post State Supreme Court hears arguments over Pa.’s membership in Regional Greenhouse Gas Initiative appeared first on The Allegheny Front.
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