Commonwealth Court Blocks Pennsylvania’s Entry into Carbon Taxation Initiative

Pennsylvania’s Commonwealth Court this week blocked the state’s entry into the Regional Greenhouse Gas Initiative (RGGI), an 11-state compact requiring de facto taxation of power plants’ carbon emissions.

Gov. Tom Wolf (D) tried to effect Pennsylvania’s participation in the initiative by issuing an executive order in 2019, thus neglecting to seek approval of the Republican-led General Assembly. The court’s new opinion comes one day after the state Senate failed to override the governor’s veto of legislation letting the General Assembly end the state’s membership in the compact. Legislative leaders have argued that the governor’s unilateral action violated the state Constitution and were heartened upon hearing of the judges’ decision.

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