On Wednesday, the state’s highest court began considering whether former Gov. Tom Wolf unconstitutionally usurped the Legislature’s authority to approve any form of taxation.
FILE - The Conemaugh Generation Station emits steam in New Florence, Pa., Feb. 6, 2007. Pennsylvania's Supreme Court Wednesday, May 24, 2023, will take its first crack at whether a governor can force power plant owners to pay for their planet-warming greenhouse gas emissions, or whether approval from a hostile Legislature was required first.
Justice Christine Donohue, a Democrat, suggested it might be difficult to rule on one issue without settling the other. Taking part in the consortium became the central plank in Wolf’s plan to fight global warming. It also is a political minefield for Gov. Josh Shapiro, Wolf’s successor and a fellow Democrat who was endorsed by labor unions that fought the plan.Justice Kevin Brobson, a Republican, signaled a number of objections to the plan.
“Then aren’t we bypassing the General Assembly’s authority and the governor’s authority and we’re just basically allowing agencies to pump up their inadequate funds and just build these coffers?” Brobson asked a lawyer representing Shapiro’s administration. Democratic justices closely questioned assertions by a lawyer for Senate Republicans that the carbon-pricing plan cannot legally be a fee, partly because it works through regional auctions that impose costs and requirements on power plants in certain states, but not others.
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