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The Climate Litigation Database

Shirley v. Pennsylvania Legislative Reference Bureau

About this case

Filing year
2022
Status
Pennsylvania Department of Environmental Protection's application to discontinue appeal granted.
Docket number
106 MAP 2023
Court/admin entity
United States → State Courts → Pennsylvania Supreme Court (Pa.)
Case category
State Law Claims (US) → Other Types of State Law Cases (US)
Principal law
United States → Pennsylvania Air Pollution Control ActUnited States → State Constitutions → Pennsylvania ConstitutionUnited States → State Law—Air Statutes
At issue
Proceeding concerning the publication of Pennsylvania regulations to implement the State's participation in the Regional Greenhouse Gas Initiative cap-and-trade program for carbon dioxide emissions from power plants.

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
–
–

Summary

Proceeding concerning the publication of Pennsylvania regulations to implement the State's participation in the Regional Greenhouse Gas Initiative cap-and-trade program for carbon dioxide emissions from power plants.