Governor Shapiro Appeals Commonwealth Court Decision Declaring RGGI Unconstitutional

HARRISBURG, PA (November 22, 2023) On November 21, Governor Shapiro announced his decision to appeal the November 1 Commonwealth Court decision that declared the Regional Greenhouse Gas Initiative (RGGI) to be unconstitutional. 

RGGI is a program established in 2005 that requires regulated power plants to acquire allowances for the carbon emissions they produce. Within the currently-participating states, RGGI reduces emissions from fossil fuel power plants and funds climate change initiatives with the collected fees. Proceeds from the program in Pennsylvania would go to the state’s Clean Air Fund, which can then be put towards efforts that reduce air pollution. By not implementing RGGI, Pennsylvania has already missed out on over $1 billion dollars in RGGI proceeds since January 2022 that would have gone towards air pollution reduction programs. 

Executive Director and Chief Counsel, Joseph Otis Minott, Esq. issued the following statement:

“As the nation’s fourth largest emitter of carbon dioxide, Pennsylvania needs RGGI, an effective cap-and-invest program, to advance a commonsense energy plan that cuts climate pollution and ensures an equitable energy transition and the jobs that come with it. The Governor’s appeal gives us a crucial chance to participate in this program and secure a clean energy economy for Pennsylvania. The Governor’s diverse RGGI stakeholder group reached the consensus that such a cap and trade program for the power sector would be critical for generating the funds needed to support the state’s clean energy transition. RGGI is the clear choice for meeting the working group’s goals and Governor Shapiro’s criteria of supporting climate action, clean energy job creation, public health protection, and energy affordability.”