Consider it another slap (an elementary one but very necessary hard whack) against the growing “administrative state,” the worst contemporary enemy of sound republican governance.
But don’t expect it to be the last word.
As first reported by Capitolwire.com, a panel of Pennsylvania Commonwealth Court judges ruled this past Wednesday that the state should not move forward with its planned entry into the Regional Greenhouse Gas Initiative (RGGI), thus “putting another nail in the coffin of a plan that’s been beset by delays since it was first announced by former Gov. Tom Wolf four years ago.”
As the news outlet’s synopsis of RGGI goes, “Through the initiative, polluters pay for the right to exceed set limits on carbon dioxide emissions and the states use the funds to promote renewable energy sources.”
That’s being charitable.
Simply put, the court tribunal found that joining the multistate consortium would create a new tax, the creation of which must originate in the legislative branch.
That is, taxation by the administrative fiat of the executive branch is patently unconstitutional.
But that, of course, was not the only issue with RGGI, issues not before the court.
By its very warped design, the scheme is nothing more than a wealth redistribution/wealthfare program, primarily for “The State’s” favored “green energy” racket.
And just as nefarious, as “progressive” scheming usually is, RGGI would do nothing to mitigate “climate change” (or is it “global warming?), would significantly raise prices for electricity and would also destabilize the long fragile electrical power grid.
Gee, what’s not to like about RGGI?
But while rule-of-law-loving observers should cheer this rare rebuke of the administrative state, there are plenty of caution flags ahead.
“The State” and its acolytes could ask for re-hearing before the full Commonwealth Court. Should they not prevail for a second time, an appeal could be filed with the state Supreme Court. But given that left-leaning court’s predilection to hand down rulings seemingly sown from whole cloth, Crowd Green might prevail.
And should some future the state Legislature be overtaken by “progressives,” it could legislatively approve entry in RGGI. Rue the possibility.
But, at least for now, cheer the reality that the rule of law has prevailed and that the Pennsylvania Constitution is not a total dead letter for a few select members of the judiciary.
Colin McNickle is communications and marketing director at the Allegheny Institute for Public Policy (cmcnickle@alleghenyinstitute.org).
