Pennsylvania Court Permanently Blocks Effort To Make Power Plants Pay For Greenhouse Gas Emissions

An anonymous reader quotes a report from the Associated Press: Pennsylvania cannot enforce a regulation to make power plant owners pay for their planet-warming greenhouse gas emissions, a state court ruled Wednesday, dealing another setback to the centerpiece of former Gov. Tom Wolf's plan to fight global warming. The Commonwealth Court last year temporarily blocked Pennsylvania from becoming the first major fossil fuel-producing state to adopt a carbon-pricing program, and the new ruling makes that decision permanent. The ruling is a victory for Republican lawmakers and coal-related interests that argued that the carbon-pricing plan amounted to a tax, and therefore would have required legislative approval. Wolf, a Democrat, had sought to get around legislative opposition by unconstitutionally imposing the requirement through a regulation, they said. The court agreed in a 4-1 decision. The regulation written by Wolf's administration had authorized Pennsylvania to join the multistate Regional Greenhouse Gas Initiative, which imposes a price and declining cap on carbon dioxide emissions from power plants. It would be up to Wolf's successor, Democratic Gov. Josh Shapiro, to decide whether to appeal the decision to the state Supreme Court. Shapiro's administration had no comment Wednesday on whether it would appeal, and Shapiro himself hasn't said publicly whether he would follow through on the plan to join the consortium, should the courts allow it. Still, Shapiro is "focused on addressing climate change, reducing emissions, and protecting public health while creating jobs and protecting consumers," Shapiro's administration said in a statement.

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