Hutchinson Statement About Commonwealth Court Ruling that RGGI Energy Tax Violates PA Constitution

HARRISBURG – The Commonwealth Court has ruled the effort by the Department of Environmental Protection and state Environmental Quality Board to have Pennsylvania join the Regional Greenhouse Gas Initiative (RGGI) without legislative approval violates the Pennsylvania Constitution. Sen. Scott E. Hutchinson (R-21) issued the following statement in response to the ruling:

“No RGGI Tax legislation will be reported from the Senate Finance Committee,” said Hutchinson, chairman of the Senate Finance Committee. 

The court ruling supports the Senate Republican perspective that RGGI would create a tax, which can only be done by the legislature, not by executive order or regulation. In its ruling, the court said, “Stated simply, to pass constitutional muster, the Commonwealth’s participation in RGGI may only be achieved through legislation duly enacted by the Pennsylvania General Assembly.”

CONTACT: Justin Leventry  

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