The Pennsylvania Commonwealth Court granted Pennsylvania State Senators’ (Senate) request for a preliminary injunction blocking the Pennsylvania Department of Environmental Protection from implementing and enforcing regulations providing for Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (RGGI). RGGI participating states establish carbon dioxide budgets for power plants, and covered sources must acquire allowances to cover their emissions. RGGI, Inc. conducts quarterly auctions for the allowances, and proceeds go to participating states. The court found that the Senate had demonstrated irreparable harm per se by raising a substantial legal question as to whether the regulations constituted a tax requiring legislative approval as opposed to a regulatory fee. The court further found that implementation and enforcement of invalid regulations would cause greater harm even if implementation of the regulations would result in “immediate reduction” of carbon dioxide emissions from covered sources. In addition, the court found that the preliminary injunction would restore the status quo and that the Senate had showed a clear right to relief by raising substantial legal questions about separation of powers issues related to the Regulatory Review Act, as well as concerning whether the allowance auction proceeds were an unconstitutional tax. The court found, however, that the Senate did not raise substantial legal questions regarding whether the regulations exceeded authority granted by the Air Pollution Control Act, whether the regulations constituted an interstate compact or agreement in violation of the Pennsylvania Constitution, or whether the administrative process through which the regulations were adopted was lawful.

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.

Ziadeh v. Pennsylvania Legislative Reference Bureau

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Pennsylvania Commonwealth Court Enjoined Implementation of RGGI Regulations

Filed

United States of America

Pennsylvania

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Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

A financial institution that manages a country's currency and can promote climate-related initiatives through green monetary policy and other means.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Actions to reduce emissions in energy generation and supply.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

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Production of electricity and heat from solar irradiation.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

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Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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Pennsylvania Commonwealth Court Enjoined Implementation of RGGI Regulations

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance