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Pa. justices ask in oral arguments: Is RGGI a tax, a fee, or something completely different?

  • In 2024, the Pennsylvania Supreme Court considered whether the state's participation in the multi-state program aimed at reducing carbon emissions constitutes a tax requiring legislative approval or a fee authorized under existing regulations.
  • The case arose after the Commonwealth Court ruled in 2023 that Pennsylvania’s entry into RGGI, initiated by executive order in 2019, required legislative approval as the program imposes a tax.
  • The Department of Environmental Protection argues RGGI is a regulatory fee authorized under the Air Pollution Control Act to reduce carbon emissions, while opponents contend it is an unauthorized tax harming jobs and energy sectors.
  • At issue is whether the RGGI carbon credit auction, which could generate billions and reduce emissions by over 225 million tons by 2030, exceeds DEP authority without General Assembly approval.
  • The Court’s decision will clarify Pennsylvania’s energy regulation approach and impact future policies amid concerns about rising utility costs and economic consequences of carbon pricing.
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Pennsylvania Senate Republicans broke the news in on Tuesday, May 13, 2025.
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