Two separate but related cases concerning Pennsylvania’s entrance into the interstate carbon cap-and-trade program known as the Regional Greenhouse Gas Initiative (RGGI), which we call a carbon tax, had their day in court yesterday. Judges from PA’s typically conservative Commonwealth Court heard oral arguments and, according to leftists, zeroed in on the issue of whether the so-called RGGI “fee” assessed by the Dept. of Environmental Protection (DEP) is really a fee, or instead is really a tax. It makes a difference. The DEP can, constitutionally, assess a fee, but it cannot unilaterally slap a new tax on coal- and natural gas-fired power plants (as it is trying to do).
Two separate but related cases concerning Pennsylvania’s entrance into the interstate carbon cap-and-trade program known as the Regional Greenhouse Gas Initiative (RGGI), which we call a carbon tax, had their day in court yesterday. Judges from PA’s typically conservative Commonwealth Court heard oral arguments and, according to leftists, zeroed in on the issue of whether the so-called RGGI “fee” assessed by the Dept. of Environmental Protection (DEP) is really a fee, or instead is really a tax. It makes a difference. The DEP can, constitutionally, assess a fee, but it cannot unilaterally slap a new tax on coal- and natural gas-fired power plants (as it is trying to do).