RGGI Debated at PA Supreme Court

Pennsylvania's ongoing involvement in RGGI, the Regional Greenhouse Gas Initiative, a multi-state program to reduce power plants' carbon pollution, is currently at a standstill due to current litigation.
 
RGGI requires these power plants to purchase credits for each ton of carbon dioxide emitted. The revenue generated would be used for further investments in clean energy programs and consumer benefits. In 2019, Tom Wolf issued an "executive order" bypassing the legislature, which sparked the lawsuit due to questions of its constitutionality. 

On Tuesday, May 13th of this year, the Pennsylvania Supreme Court heard arguments in the case. The core issue is whether joining RGGI without approval from the General Assembly violates the Pennsylvania Constitution.
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Supporters of RGGI argue it would help cut emissions and reinvest millions into energy efficiency and environmental programs. Opponents warn it would raise electricity costs and hurt Pennsylvania's energy industry—especially since the state is one of the nation's top energy producers and exporters of natural gas. 
Supreme Court justices raised concerns about the DEP's existing authority, if any, and whether the agency can establish a system that generates revenue by selling carbon credits. The DEP's legal team shot back, noting the program is sanctioned under Pennsylvania's Air Pollution Control Act, which empowers the agency to regulate and reduce pollution. However, in 2023, the Commonwealth Court ruled that RGGI is a tax and only the legislature can enact taxes. Governor Shapiro appealed that decision, leading to this week's hearings.
 
Legislators are currently split on the issue. Senate Republicans, including Majority Leader Joe Pittman, felt that RGGI was unconstitutional and would lead to increased electricity prices, decreased job opportunities, and the shutdown of gas and coal plants. Other legislators, including leaders of the Democrat-controlled House, support RGGI, emphasizing the program's potential ability to cut down on carbon emissions and fuel the innovation of more clean energy.
 
Governor Josh Shapiro has also outlined a separate plan, PACER, the Pennsylvania Climate Emissions Reduction Act, to achieve a similar environmental and renewable energy goal through a Pennsylvania-specific program. Shapiro's plan also includes changes to the Commonwealth's energy goals, named PRESS,  the Pennsylvania Reliable Energy Sustainability Standard. PRESS calls for the state to get 50% of its electricity from clean sources like solar, wind, small nuclear, and battery storage by 2035.
 
The Supreme Court has not indicated when it will rule on the case, but the decision will shape Pennsylvania's climate and energy policies for years. Until then, Pennsylvania's participation in RGGI will remain at a standstill.