Department of Environmental Protection v. Pennsylvania Legislative Reference Bureau; Bowfin KeyCon Holdings v. Pennsylvania Department of Environmental Protection
The Pennsylvania Supreme Court heard arguments in consolidated challenges to the state’s participation in a regional program to cap greenhouse gases. The Commonwealth Court had 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 argued the lower court’s tax determination did not adequately take account of the state’s duties under Pennsylvania’s environmental rights amendment. The Pennsylvania high court dismissed the challenges as moot after the state withdrew from the regional program.
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State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.