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.
12 Articles
12 Articles

Carbon tax goes before skeptical high court in Pennsylvania
(The Center Square) – A skeptical high court grilled state officials this week about whether the money it wants to collect from a regional anti-pollution pact constitutes a fee or

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.
Pennsylvania Supreme Court’s Review of RGGI - Senator Pittman
HARRISBURG – Senate Majority Leader Joe Pittman (R-41) issued the following statement regarding the Pennsylvania Supreme Court’s review of the Regional Greenhouse Gas Initiative (RGGI) electricity tax which was enacted through executive order by the Wolf Administration in 2019. In 2023, the Pennsylvania Commonwealth Court ruled Pennsylvania’s entrance into RGGI may only be achieved through legislation duly enacted by the General Assembly, not me…
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