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Eden Villalovas, Breaking News Reporter


NextImg:Pennsylvania court says it can't force power plants to pay for carbon emissions

A court ruled on Wednesday in Pennsylvania that power plant owners cannot be forced to pay for their greenhouse gas emissions, a major blow to the previous Democratic administration's efforts.

In a 4-1 vote, the Commonwealth Court permanently blocked Pennsylvania from joining the Regional Greenhouse Gas Initiative, pushed by former Gov. Tom Wolf, that would have implemented a carbon-pricing program. The initiative is a multistate effort to tackle climate change by ordering power plants to pay for each ton of carbon dioxide emitted.

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Pennsylvania would avoid up to 225 million tons of CO2 pollution, according to the state Department of Environmental Protection, and would boost Pennsylvania's economy by creating thousands of new jobs.

Pennsylvania's pending participation in the initiative came under fire by Republicans who say it violates the state’s constitution, claiming the department does not have constitutional authority to collect funds the program generates and the energy tax can only be enacted by the legislature.

“The unlawful entrance into RGGI by the prior administration was a slap in the face to Pennsylvanians who continue to deal with rising energy prices and increasing inflation. Today’s decision by the Commonwealth Court is a positive development in ensuring that RGGI will not add to increasing energy costs on Pennsylvania families,” GOP state Rep. Bryan Cutler said.

Republicans have called on Gov. Josh Shapiro (D-PA) not to follow in the footsteps of his predecessor, encouraging the Democrat not to appeal the court’s decision.

“I encourage the Shapiro administration, which has thus far refused to completely embrace RGGI and its associated energy tax, to not appeal today’s Commonwealth Court decision and give Pennsylvanians the certainty that this program will not add to the increasing costs they face,” Cutler said.

Environmental groups condemned the decision, including the Natural Resources Defense Council, which has pushed Shapiro to endorse the initiative.

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“This is not the final word on Pennsylvania’s participation in RGGI or the vast benefits it confers on the people of this state,” Manish Bapna, president and CEO of the Natural Resources Defense Council, said, urging Shapiro to take the case to the state Supreme Court.

“For nearly 20 years, Governor Shapiro has been a champion for clean air, climate action and a prosperous Pennsylvania,” Bapna added. “He should appeal this misguided decision at once and make the case before the state Supreme Court for a program that’s already proven itself across the Northeast and Mid-Atlantic.”