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The Climate Litigation Database

Bowfin KeyCon Holdings, LLC v. Pennsylvania Department of Environmental Protection

About this case

Filing year
2022
Status
Pennsylvania Department of Environmental Protection's application to discontinue appeal granted.
Docket number
107 MAP 2023
Court/admin entity
United States → State Courts → Pennsylvania Supreme Court (Pa.)
Case category
State Law Claims (US) → Industry Lawsuits (US)
Principal law
United States → Pennsylvania Air Pollution Control ActUnited States → State Constitutions → Pennsylvania ConstitutionUnited States → State Law—Air Statutes
At issue
Challenge to Pennsylvania regulations implementing participation in the Regional Greenhouse Gas Initiative.

Documents

Filing Date
Document
Type
01/06/2026
Pennsylvania Department of Environmental Protection's application to discontinue appeal granted.
Decision
11/13/2025
Application to discontinue appeal filed by Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Environmental Protection (PADEP) filed an application in the Pennsylvania Supreme Court to discontinue its appeal of a Commonwealth Court ruling that concluded that regulations implementing the Regional Greenhouse Gas Initiative in Pennsylvania constituted an unconstitutional tax. PADEP sought to discontinue the appeal after Governor Josh Shapiro signed a 2025-2026 budget law that included a provision abrogating the regulations.
Application
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Summary

Challenge to Pennsylvania regulations implementing participation in the Regional Greenhouse Gas Initiative.