Pennsylvania lawmakers have incurred over $4.2 million in legal fees due to disputes over the state’s participation in the Regional Greenhouse Gas Initiative (RGGI) to combat climate change. The battle began in 2019 when former Gov. Tom Wolf issued an executive order for the state to join RGGI.
Two active lawsuits seek to invalidate Pennsylvania’s entry into RGGI, one filed by energy companies and labor unions, and the other by legislative Republicans. The state Senate Republicans paid $1.2 million to argue that Wolf exceeded his authority in joining RGGI, while the governor’s office paid over $2.7 million for legal fees during the same period. Democratic Gov. Josh Shapiro, who succeeded Wolf, has proposed his own RGGI alternative.
The core issue in the legal battles is whether RGGI regulations constitute a tax or a licensing fee. Opponents argue that it is a tax, making Wolf’s decision to join unconstitutional, while supporters say it is a fee and within the governor’s purview. Shapiro has proposed the Pennsylvania Climate Emission Reduction Act as an alternative to RGGI.
The state Senate Majority Leader has criticized both Wolf and Shapiro for forcing the legislature to fund legal battles between branches of government. The ongoing legal disputes highlight the challenges of policy disagreements between the executive branch and the legislature. In the midst of these legal battles, the cost of litigation continues to rise, with Pennsylvanians footing the bill for these contentious issues.
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