HARRISBURG, Pa. (AP) — Governor Josh Shapiro’s administration announced on Tuesday its intention to appeal a court ruling that halted a state regulation aimed at holding Pennsylvania’s power plant owners accountable for their greenhouse gas emissions. The appeal was made despite warnings from Shapiro for lawmakers to develop a more effective alternative.
Shapiro’s administration emphasized the importance of preserving executive authority in its appeal. However, the governor also urged lawmakers to devise a different plan to address the issue at hand.
According to Shapiro’s office, “Now is the time for action. Inaction is not an acceptable alternative.”
The case centers around the centerpiece of former Governor Tom Wolf’s plan to combat global warming and position Pennsylvania as the first major fossil fuel-producing state to adopt a carbon-pricing program.
On November 1, the Commonwealth Court majority ruled, in a 4-1 decision, in favor of Republican lawmakers and coal-related interests, asserting that Wolf’s carbon-pricing plan amounted to a tax, hence requiring legislative approval.
The regulation had enabled Pennsylvania to become part of the multistate Regional Greenhouse Gas Initiative, imposing a price and declining cap on carbon dioxide emissions from power plants.
Shapiro has criticized it, and while he has not explicitly confirmed whether he would enforce it if successful in court, Shapiro’s message to lawmakers did not explicitly express the need to address climate change.
Instead, he framed the matter as “commonsense energy policy” and stated that he would support another carbon-pricing plan if it receives legislative approval.
Shapiro’s office said, “If they take their ball and go home, they will be making a choice not to advance commonsense energy policy that protects jobs, the environment and consumers in Pennsylvania.”
The Republican-controlled Senate in the state Legislature has continuously opposed a carbon-pricing plan, echoing the protective stance toward coal and natural gas industries.
The court’s decision to block the regulation was celebrated by Republican lawmakers, who urged Shapiro not to appeal it, and instead directed efforts towards expanding energy production in the state.
The state House has not voted on a carbon-pricing plan or Shapiro’s clean-energy goal to ensure that Pennsylvania sources 30% of its electricity from renewable energy by 2030.
Advocates for the regulation included environmental advocates, solar, wind, and nuclear power producers, who hailed it as the most significant action ever taken in Pennsylvania to combat climate change.
Meanwhile, critics argued that the regulation would raise electricity bills, harm in-state energy producers, and drive new power generation to other states without significantly fighting climate change. This position was backed by natural gas-related interests, industrial and commercial power users, and labor unions.
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