PA Supreme Court Justices Split Over RGGI – Carbon Tax or Fee?

Yesterday the six sitting justices of the Pennsylvania Supreme Court (currently one vacancy due to the death of Chief Justice Max Baer last fall) heard oral arguments in a case about the so-called Regional Greenhouse Gas Initiative (RGGI)--a carbon tax scheme aimed at shutting down coal- and natural gas-fired power plants in the state. As is often the case, this Supreme Court case is about a technicality in the law. A lower court (PA Commonwealth Court) blocked the state's entrance into RGGI last year until a lawsuit challenging PA's participation could play out (see PA Judge Reinstates Order Blocking PA’s Entry into RGGI Carbon Tax). The Supremes heard arguments about whether or not the lower court should have temporarily blocked RGGI. However, yesterday's discussion by the justices kept drifting back to the core issue: Is RGGI a "fee" as it claims, or is it a tax?

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