Court blocks plan to make power plants pay for greenhouse gas

HARRISBURG, Pa. — Pennsylvania’s regulation to make power plant owners pay for their greenhouse gas emissions has been ruled unenforceable by a state court. This is a blow to former Governor Tom Wolf’s efforts to combat global warming.

Last year, the Commonwealth Court temporarily blocked Pennsylvania from implementing a carbon-pricing program, and this new ruling makes that decision permanent.

The ruling is seen as a victory for Republican lawmakers and coal-related interests, who argued that the carbon-pricing plan was a tax and required legislative approval. They also claimed that Wolf had unconstitutionally imposed the requirement through a regulation to bypass legislative opposition.

The court’s decision was made in a 4-1 vote.

It will be up to Wolf’s successor, Governor Josh Shapiro, to decide whether to appeal the ruling to the state Supreme Court. Shapiro’s administration has not commented on the ruling, and it is unclear whether he will pursue an appeal.

Republican lawmakers praised the decision and urged Shapiro not to appeal. Critics of the pricing plan argued that it would increase electricity bills, harm in-state energy producers, and drive power generation to other states without effectively fighting climate change.

Opponents of the plan included natural gas-related interests, industrial and commercial power users, and labor unions representing workers in pipelines, power plants, and refineries.

The regulation, drafted by Wolf’s administration, would have allowed Pennsylvania to join the multistate Regional Greenhouse Gas Initiative, which sets a price and declining cap on carbon dioxide emissions from power plants.

Supporters of the plan hailed it as the biggest step Pennsylvania has ever taken to combat climate change. They argued that it would generate hundreds of millions of dollars annually to promote climate-friendly energy sources and reduce electricity bills through energy conservation programs.