Commonwealth Foundation Condemns Gov. Shapiro’s Appeal of Unconstitutional RGGI

Harrisburg, Pa., November 21, 2023 – Today, Gov. Josh Shapiro announced his administration would appeal the Pennsylvania Commonwealth Court’s recent ruling that struck down the Regional Greenhouse Gas Initiative (RGGI). The Commonwealth Court ruled that RGGI represents a “tax” that requires legislative approval.

The Commonwealth Foundation unequivocally condemns the administration’s decision to appeal the ruling at public expense. RGGI threatens Pennsylvanians’ economic freedom and prosperity. 

In response to the announcement, Commonwealth Foundation Senior Vice President Nathan Benefield issued the following statement:

“Shapiro’s decision to appeal the Commonwealth Court’s ruling on RGGI is a massive mistake. The move threatens the well-being of working families and raises enormous questions about Shapiro’s governing priorities.

“Right before Thanksgiving, Shapiro proclaimed his desire to fight for the unilateral authority to raise electricity taxes. It’s a move that could burden Pennsylvanians with higher taxes and electricity bills and undermine the reliability of our electrical grid. 

“RGGI represents an unconstitutional energy tax imposed by executive fiat. It is disheartening to see Shapiro embrace his predecessor’s radical policies and ignore his previously stated concerns with RGGI’s process and consumer costs.

“If implemented, RGGI would strip nearly $800 million from the private sector for government redistribution while increasing electric bills for businesses and homeowners by a staggering 30 percent.

“Instead of working through the legislative process (as his working group recommended), Shapiro further demonstrates his inability to work with lawmakers to, in his own words, get stuff done. Meanwhile, the state’s budget remains incomplete, and hundreds of thousands of kids are still trapped in failing schools.

“The Commonwealth Foundation urges Shapiro to reconsider this unilateral action and prioritize the economic well-being of Pennsylvania families.”

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The Commonwealth Foundation transforms free-market ideas into public policies so all Pennsylvanians can flourish.