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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Two weeks ago, the Bidenistas at the Environmental Protection Agency (EPA) released a hellscape of new regulations aimed at forcing coal- and natural gas-fired power plants to close (see 
In November 2021, the Bidenistas initiated a massive power grab to transfer the right of individual states to regulate local natural gas gathering pipelines to the federal government’s Pipeline and Hazardous Materials Safety Administration (see 
Yesterday two radicalized Big Green groups–the Environmental Integrity Project (based in D.C.) and the Clean Air Council (based in Philadelphia)–filed a lawsuit against the Shell Polymers Monaca Plant (ethane cracker plant in Beaver County, PA), claiming the plant has repeatedly violated federal air pollution limits. The lawsuit requests the court assess huge fines and force it close down unless it can operate without any further violations of the federal Clean Air Act (CAA) and the federal Air Pollution Control Act (APCA). In other words, the radicals seek to shut down the $10 billion plant and keep it shut down–throwing 600 permanent employees out of work. Nice people at the Environmental Integrity Project and Clean Air Council, eh?
Since 2015 we’ve reported on the case of Grant Township (Indiana County, PA), a town that passed an ordinance cooked up by the radical Big Green group Community Environmental Legal Defense Fund (CELDF) to try and block a state-approved injection well proposed by Pennsylvania General Energy (
Last November, MDN told you about a lawsuit filed by a family in Washington County, PA, against Chevron (now EQT) for drilling and fracking done in 2011-2012 near the family’s home (see 
During yesterday’s quarterly phone call with analysts to discuss the 1Q23 performance of Equitrans Midstream, a big topic of conversation was the 94% completed (but stalled) Mountain Valley Pipeline (MVP). Equitrans (builder of MVP) CEO Thomas Karam said, “The path to an MVP completion during 2023 is narrower but based on the diligent and comprehensive work being done by the staff at various state and federal agencies and the expected overall permitting timeline, we believe the possibility of commencing forward construction this summer still exists.” He also said the U.S. Court of Appeals for the Fourth Circuit (4th Circuit) and their prospective rejection of new permits for the project is not “that dire of a position.” We 100% disagree.
The Delaware River Basin Commission (DRBC), which treats the 17 counties in Pennsylvania under its jurisdiction as a fiefdom, has colluded with the leftists of the Big Green group Damascus Citizens for Sustainability to “settle” a lawsuit brought by the group against DRBC “forcing” the DRBC to further restrict and ban wastewater from conventional wells from being spread on roadways (dirt roads) in the 17 PA counties located behind the Iron Curtain of the DRBC.
Disappointing news has been a constant this week–and it’s only Tuesday! Yesterday the U.S. Supreme Court proved that sometimes it’s not so supreme. The high court breathed new life into a long-running lawsuit funded by Big Green groups using (abusing) a small group of uppity Virginia landowners who are arguing the Federal Energy Regulatory Commission (FERC) had no right to delegate authority to Mountain Valley Pipeline (MVP) to use eminent domain to cross land, including the land owned by the small group of uppity landowners in Virginia.
We appear to finally be at the end of an eight-year road with respect to new shale drilling regulations in Pennsylvania adopted back in 2016. Two days ago, the PA Supreme Court overturned a Commonwealth Court decision that blocked the Dept. of Environmental Protection’s (DEP) ability to control shale drilling near schools and public playgrounds. In October 2016, after five years in the making, PA adopted new shale drilling regulations called Chapter 78 (see 
Yesterday MDN brought you the fantastic news that the U.S. Court of Appeals for the Ninth Circuit, in liberal California, had overturned a ban on hooking up new homes and businesses to natural gas in Berkeley, CA (see 
A rare victory for the forces of good. Berkeley, California, a bastion for liberal nuts (there’s a reason the city’s nickname is Berserkely), thought it was all cutesy when, in 2019, it passed the “first-in-the-nation” municipal ban blocking new construction (homes and businesses) from hooking up to natural gas pipelines. Berkeley said it wants to do its part to combat global warming. A few months later, the California Restaurant Association (CRA) filed a federal lawsuit challenging the city’s ability to pass a law banning new natural gas hookups. After a lower court ruled in favor of the city, the CRA appealed it to the U.S. Court of Appeals for the Ninth Circuit. Yesterday the judges of the 9th Circuit ruled in favor of the CRA, telling the city it’s trying to regulate gas stoves by denying pipeline hookups–something that only the federal government can do.