The Pennsylvania Commonwealth Court dismissed as moot a petition filed by the Secretary of the Pennsylvania Department of Environmental Protection in February 2022 seeking to compel the Pennsylvania Legislative Reference Bureau respondents to publish a rulemaking concerning Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (RGGI). The court noted that it was undisputed that the questions of law raised by the petition were moot due to the subsequent publication of the rulemaking. The court further found that no exception to the mootness exception applied. The court said that the case raised “remarkable” legal questions of first impression but that any determination would be advisory. The court therefore dismissed the petition, as well as related preliminary objections and the Secretary’s application for expedited special and summary relief. The court said counterclaims by Pennsylvania Senators who intervened “remain extant.” Those claims challenged the validity of the RGGI regulation. In addition, separate challenges to the RGGI regulation are still pending.

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 Said Case that Sought to Compel Publication of RGGI Rule Was Moot

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Pennsylvania Commonwealth Court Said Case that Sought to Compel Publication of RGGI Rule Was Moot

Policy instrument

Risk

Greenhouse gas

Economic sector

Finance