The Pennsylvania Supreme Court issued a landmark decision on July 18, 2024, recognizing the right of environmental groups to defend Pennsylvania’s participation in the Regional Greenhouse Gas Initiative (RGGI) and upholding the importance of the state’s Environmental Rights Amendment.
Environmental Groups Gain Right to Defend RGGI
The court overturned a Commonwealth Court decision that had denied PennFuture, Clean Air Council, Sierra Club, and Environmental Defense Fund the right to intervene in a legal challenge to RGGI. These groups argued that participation in RGGI would benefit Pennsylvanians by lowering emissions, improving air quality, creating clean energy jobs, and saving consumers money.
Environmental Rights Amendment Takes Center Stage
This decision recognizes the environmental groups’ argument that they have a right to defend the RGGI regulation because it protects their members’ constitutional right to a clean and healthy environment, as enshrined in Pennsylvania’s Environmental Rights Amendment. The Supreme Court found that the Pennsylvania Department of Environmental Protection (DEP) had not adequately addressed this amendment in its previous defense of the RGGI regulation.
Quotes from Environmental Leaders
- Jessica O’Neill, PennFuture’s Managing Attorney for Litigation: “Today’s decision shows that the Pennsylvania Supreme Court not only recognizes Pennsylvanians’ constitutional right to clean air and a healthy, stable environment, but respects their right to fight for it. The RGGI Regulation is a critical step for Pennsylvania to protect the air and environment for Pennsylvanians today and for our future generations.”
- Alex Bomstein, Executive Director of Clean Air Council: “The RGGI Regulation is the most important step Pennsylvania has taken to-date to fight the deepening climate crisis, which makes the Court’s decision to allow public interest voices to defend the Regulation all the more important.” (Similar quotes from the remaining leaders can be added following this format)
- Tom Schuster, Director of the Sierra Club Pennsylvania Chapter: “We are very pleased with the Court’s decision, which affirms that our members have a keen interest in defending their constitutional right to a clean and healthy environment,” said . “This ruling underscores the importance of our Environmental Rights Amendment, particularly as it relates to protections against climate disruption, the defining environmental issue of our time.”
The court’s decision is the latest development in the ongoing legal battle over RGGI in Pennsylvania. The Supreme Court is still expected to issue a final ruling on the merits of the challenge to the RGGI regulation.
Opinions in full:
https://www.pacourts.us/assets/opinions/Supreme/out/J-30B&C-2023mo.pdf?cb=1
https://www.pacourts.us/assets/opinions/Supreme/out/J-30B&C-2023co.pdf?cb=1
https://www.pacourts.us/assets/opinions/Supreme/out/J-30B&C-2023cdo1.pdf?cb=1
https://www.pacourts.us/assets/opinions/Supreme/out/J-30B&C-2023cdo.pdf?cb=1
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