Department of Environmental Protection v. Pennsylvania Legislative Reference Bureau; Bowfin KeyCon Holdings v. Pennsylvania Department of Environmental Protection

The Pennsylvania Supreme Court will consider consolidated challenges to the state’s participation in a regional program to cap greenhouse gases. The Commonwealth Court found the program to constitute a tax within the prerogative of the legislature, so concluded the governor’s entry into the program by executive rulemaking violated separation of powers. Amicus groups and intervenors have argued the lower court’s tax determination did not adequately take account of the state’s duties under Pennsylvania’s environmental rights amendment.