Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
Power The Courts

Pennsylvania Court Permanently Blocks Effort To Make Power Plants Pay For Greenhouse Gas Emissions (apnews.com) 189

An anonymous reader quotes a report from the Associated Press: Pennsylvania cannot enforce a regulation to make power plant owners pay for their planet-warming greenhouse gas emissions, a state court ruled Wednesday, dealing another setback to the centerpiece of former Gov. Tom Wolf's plan to fight global warming. The Commonwealth Court last year temporarily blocked Pennsylvania from becoming the first major fossil fuel-producing state to adopt a carbon-pricing program, and the new ruling makes that decision permanent. The ruling is a victory for Republican lawmakers and coal-related interests that argued that the carbon-pricing plan amounted to a tax, and therefore would have required legislative approval. Wolf, a Democrat, had sought to get around legislative opposition by unconstitutionally imposing the requirement through a regulation, they said. The court agreed in a 4-1 decision.

The regulation written by Wolf's administration had authorized Pennsylvania to join the multistate Regional Greenhouse Gas Initiative, which imposes a price and declining cap on carbon dioxide emissions from power plants. It would be up to Wolf's successor, Democratic Gov. Josh Shapiro, to decide whether to appeal the decision to the state Supreme Court. Shapiro's administration had no comment Wednesday on whether it would appeal, and Shapiro himself hasn't said publicly whether he would follow through on the plan to join the consortium, should the courts allow it. Still, Shapiro is "focused on addressing climate change, reducing emissions, and protecting public health while creating jobs and protecting consumers," Shapiro's administration said in a statement.

This discussion has been archived. No new comments can be posted.

Pennsylvania Court Permanently Blocks Effort To Make Power Plants Pay For Greenhouse Gas Emissions

Comments Filter:
  • by backslashdot ( 95548 ) on Wednesday November 01, 2023 @10:46PM (#63973064)

    You really have to wonder if we're going to make it. At least every other creature that went extinct got that way because a meteor struck, or some other organism outcompeted them for resources. In the case of humans it'll be our own stupidity .. we're no doubt the laughingstock of the galaxy. That's why aliens haven't contacted us, it'll be like cancelling their favorite TV show.

    • we're no doubt the laughingstock of the galaxy. That's why aliens haven't contacted us, it'll be like cancelling their favorite TV show.

      Nope, no one is watching. Even if another technological society developed nearby they probably killed themselves off with their own set of mistakes. Like us they probably evolved by trying something new and having it go horribly wrong most of time, and on very rare occasions it turned out well and society learned from that brave early adopter. With greater technology the "goes horribly wrong" seems to have greater consequences, eventually you might get to the point where trial and error is too dangerous, or

      • In terms of global heating, so far, the main mistake we've made has been to measure our success by how quickly we can dig stuff up out of the ground & turn it into pollution. It turns out that it takes rather a lot of energy to do that & we're not very good at producing energy without polluting ourselves to death. Perhaps we can learn to drop the consumerism as if it were a religion & find some other way to live. Consumerism itself is a very new idea, i.e. post-WWII. Would it be so hard to chang
        • Re: (Score:2, Insightful)

          by drnb ( 2434720 )
          We are changing. There is a natural move toward electrification. The issue is really about normal pace of the market, early adopters figure out the problems, main market comes along later after the quirks are worked out -- vs -- Gov't picks solutions and winners and mandates those. We see the latter fail over and over. Science and engineering will develop solutions at their own pace, not at the pace of political grandstanding and greenwashing.
        • Consumerism itself is a very new idea, i.e. post-WWII. Would it be so hard to change?

          VERY much so!!!

          I like "stuff".

      • we're no doubt the laughingstock of the galaxy. That's why aliens haven't contacted us, it'll be like cancelling their favorite TV show.

        Nope, no one is watching. Even if another technological society developed nearby they probably killed themselves off with their own set of mistakes. Like us they probably evolved by trying something new and having it go horribly wrong most of time, and on very rare occasions it turned out well and society learned from that brave early adopter. With greater technology the "goes horribly wrong" seems to have greater consequences, eventually you might get to the point where trial and error is too dangerous, or insufficient to deal with a threat. In other.words, it's silly to expect that others in the neighborhood would do any better than us. That's just a romantic dream.

        I don't find your particular theory any more realistic than the day-dreamers dreaming that someone is out there watching. Stating it as fact doesn't make it true. We have no evidence either way. We have a sample size of one for intelligent species. And let's be honest here, there are arguments to be made that our intelligence hasn't kept pace with our development of technologies. We're still stuck in tribalism for the most part. We're not much more evolved emotionally and mentally than the grass-hut folks a

    • .. we're no doubt the laughingstock of the galaxy. That's why aliens haven't contacted us, it'll be like cancelling their favorite TV show.

      You're assuming that aliens would be dumb enough to enjoy schadenfreude.

    • by Roger W Moore ( 538166 ) on Thursday November 02, 2023 @02:59AM (#63973260) Journal

      At least every other creature that went extinct got that way because a meteor struck, or some other organism outcompeted them for resources.

      Actually, some life may well have gone extinct because life itself radically changed the Earth's environment - such as the early photosynthesizers that added oxygen to the atmosphere and (possibly) caused "Snowball Earth". Far from being stupid, we are the first life on Earth that has actually understood that we are changing the environment, realized that we need to stop and are now figuring out ways to do that in a way to minimize the impact on society.

      Where you see nothing but stupidity, I see a miracle occurring because, for the very first time on Earth, an organism is deliberately choosing to limit its growth and development to make sure there is room for other organisms that give it no direct benefit. No other living organism has ever done that before. It's not going to be a smooth ride because, ironically, we are going to have to fight the urge to expand uncontrollably that we share with all of nature in order to save nature. So give us a chance, we are the best hope in 4.5 billion years of lessening and perhaps largely preventing a mass extinction event.

      • So give us a chance, we are the best hope in 4.5 billion years of lessening and perhaps largely preventing a mass extinction event.

        Which we have knowingly created. That takes some of the hope out of it.

    • I hate it when an article about a court decision fails to include anything -about- the court decision. Judges go on -at length- about why they ruled a particular way. The least the journalist could do is offer a sentence or two summary of that reasoning.

      • I hate it when an article about a court decision fails to include anything -about- the court decision. Judges go on -at length- about why they ruled a particular way. The least the journalist could do is offer a sentence or two summary of that reasoning.

        The summary of their reasoning is that this was a tax, and the law in Pennsylvania was that a tax can only be enacted by the legislature, not instituted by executive order.

        Although I think that a tax on emissions is a good idea, I agree with the legal reasoning, it is a tax.

  • Separation of powers (Score:5, Informative)

    by LaughingRadish ( 2694765 ) on Wednesday November 01, 2023 @10:54PM (#63973070) Journal

    The executive branches of governments in the US are not allowed to make law. That's for legislatures alone. It's very antithetical to the basic concept of democracy.

    • by Pentium100 ( 1240090 ) on Thursday November 02, 2023 @01:34AM (#63973210)

      Yeah - you want to impose a new tax? OK, but do it the correct way, not try to run around the proper procedure. Trying to go around the proper way to do it shows that whoever decided it knew it was not going to be approved, so they tried to sneak it in trough the backdoor.

      This really annoys me. Instead of doing ti the proper way, something that is known to be controversial is done by some interested party "semi-illegally" and now the other side has to reverse it. If the issue does not get majority support either way, it lets, at times, a single politician decide for everyone.

      • Re: (Score:2, Insightful)

        by cayenne8 ( 626475 )

        This really annoys me. Instead of doing ti the proper way, something that is known to be controversial is done by some interested party "semi-illegally" and now the other side has to reverse it. If the issue does not get majority support either way, it lets, at times, a single politician decide for everyone.

        What you describe has pretty much been the history of the entire Biden administration time in office.

        Here, the states were just seeing that and trying the same thing...the sad part it, it can often sta

        • by jbengt ( 874751 )

          What you describe has pretty much been the history of the entire Biden administration time in office.

          I would suggest substituting "Biden administration" with "any administration in my lifetime", but Congress has passed laws delegating a lot of decisions to the executive branch, so that usually takes it from semi-legal to perfectly legal. (Though the line is usually quite fuzzy and all administrations have on occasion been ruled in court as having stepped over that line.)

          • Congress has passed laws delegating a lot of decisions to the executive branch, so that usually takes it from semi-legal to perfectly legal. (Though the line is usually quite fuzzy and all administrations have on occasion been ruled in court as having stepped over that line.)

            Well, thankfully....the SCOTUS has recently been slapping the hands of the many executive agencies and telling them to quit overstepping bounds.

            The EPA was one of the large ones...and building upon that are other decisions.

            Hopefully,

    • Why do people pretend that regulatory bodies are not created by law?

      • Re: (Score:2, Informative)

        by cayenne8 ( 626475 )

        Why do people pretend that regulatory bodies are not created by law?

        They may be created BY law.....

        But regulatory bodies still cannot MAKE law.

  • by Uberbah ( 647458 ) on Wednesday November 01, 2023 @10:57PM (#63973074)

    This is what you get with corporate donations and unregulated elections: the Golden Rule. He with the gold makes the rules. In this case, the fossil fool lobby.

    • This is what you get with corporate donations and unregulated elections: the Golden Rule. He with the gold makes the rules. In this case, the fossil fool lobby.

      Not quite, the golden rule applies but those with the "gold" were the green lobby that was trying to work around the legislature. Sorry, but the constitution says no, that the tax must be authorized by the legislature.

      • Re: (Score:2, Flamebait)

        Whoosh!

        OK, you need this spelt out for you: Corporations use their considerable wealth, resources, & power to place pressure on democracy in various forms over time to increasingly limit legislators' power, make them beholden to corporate sponsorship, capture & corrupt regulators, & take over the public discourse through the media to gain control over democracy. Hence, "He with the gold makes the rules." This means laws that are in the public interest but that corporations don't like never ge
        • by drnb ( 2434720 )

          Whoosh!

          Yes, whoosh is exactly your problem. You want to make an anti-corporate rant. But the facts are we had a green overreach and the court rightfully pointed out the constitution.

          You also misunderstand "gold" in politics. The currency of politics is votes. Period. Money (gold) is just a tool to acquire votes from people who don't really care one way or the other. Votes are primary, gold is secondary. If you can convince enough people of the importance of a law gold can't reverse that.

          Anti-corporate rants

          • by jbengt ( 874751 )
            VeryFluffyBunny had it right. He wasn't saying that the executive branch didn't overreach into the legislative branch's purview. He was saying that the legislative branch has been captured by the corporate interests' money.
            And you underestimate the influence that 'gold' can have on getting votes.
  • of course it's a tax (Score:5, Informative)

    by Wycliffe ( 116160 ) on Wednesday November 01, 2023 @10:59PM (#63973076) Homepage

    I have no problem with a sin tax like this but it is a tax and needs to go thru the proper channels.
    The only real problem I see with a tax like this is that it just gets passed on to the consumer.
    I think it might be better to have a consumer level tax. Instead of giving discounts to heavy consumers,
    it would be better to charge the same or more for every kilowatt consumed.
    You could do this by having a tax that increases with the amount of electricity consumed.
    This would penalize people with very large and inefficient houses.

    • by AmiMoJo ( 196126 )

      Do you not have a deregulated energy market, where the consumer can choose who to buy power from?

      In the UK you have a choice of energy supplier for electricity and gas. They pay the companies that own and maintain the infrastructure, and either produce the energy themselves or buy it on the open market.

      The cheapest providers are the ones that use only green energy.

      • The cheapest providers are the ones that use only green energy.

        Sure thing dear. Any chance you could back up your claims? You do know that "green" providers just buy REGO, but that the electricity consumed by UK consumers comes from the common grid? Which is why knowing the mix of the grid is the only important thing.

        In 2022, it was [nowtricity.com]:
        - 44% gas
        - 27% solar/wind
        - 18% nuclear
        - 6% biomass
        Which resulted in 255g CO2eq/kWh for 2022. This is what UK consumers emitted per kWh. You don't emit less because you are paying a "green" energy provider.

        • by AmiMoJo ( 196126 )

          Perhaps you don't understand how electricity works. While the electrons that come out of your sockets might be from a coal plant, what matters is that somewhere else some renewable sources put the same number of electrons into the network.

          The alternative is that you are paying someone to use fossil fuels to put those electrons in, which is clearly worse.

          As for numbers, use a comparison website. Octopus green plans are usually some of, if not the cheapest on offer.

      • Do you not have a deregulated energy market, where the consumer can choose who to buy power from?

        In most places...no.

        There are VERY few places like that in the US...I'd never heard of such a thing till maybe 2-3 years ago when traveling around and saw an ad for this.

        But for, I'd guess 98% of the US, no...each area has one provider, state regulated.

        • by AmiMoJo ( 196126 )

          It's odd how the country most obsessed with capitalism and economic freedom also has many of the worst monopolies. Same thing with broadband.

          • It's odd how the country most obsessed with capitalism and economic freedom also has many of the worst monopolies. Same thing with broadband.

            It's not odd. It's a symptom of the obsession with capitalism and economic freedom. Capitalism left unregulated almost always results in one company dominating. To have a truly open market, the government has to keep monopolies in check but not only does the USA usually take too much of a hands off approach but the larger monopolies also have become really good at buying off politicians and getting regulations that even help them maintain their monopolies.

          • It's odd how the country most obsessed with capitalism and economic freedom also has many of the worst monopolies. Same thing with broadband.

            Well, there's a difference here, with "utilities".

            I mean, you don't generally have a choice on who you get your water from, do you? Who picks up your trash? Etc.

            Utilities here, are generally govt regulated monopolies.

        • by jbengt ( 874751 )
          Most places I know of in the US do allow you to choose which producer to buy your power from. The local distribution network, however, is owned by a government regulated monopoly, and can't be avoided.
          • Most places I know of in the US do allow you to choose which producer to buy your power from. The local distribution network, however, is owned by a government regulated monopoly, and can't be avoided.

            Maybe it's new....but never seen or heard of this in the areas I've lived and visited in the US in my life...South, South East...and South West

    • by smoot123 ( 1027084 ) on Thursday November 02, 2023 @09:47AM (#63974170)

      I have no problem with a sin tax like this but it is a tax and needs to go thru the proper channels.

      That's my issue with the story headline. It's not like carbon taxes are permanently barred in Pennsylvania, it's that the the judge ruled they must be enacted by the legislature. That shouldn't be controversial. Alas, here we are.

  • by TwistedGreen ( 80055 ) on Thursday November 02, 2023 @12:03AM (#63973150)

    That's funny. In Canada we have a "carbon charge" on natural gas, but they say it's not a tax, so you actually have to pay sales tax on your carbon charge. Then we get a quarterly "climate action incentive payment" to offset the cost of the carbon charge, so... Everybody wins!

  • It is time to tax all locally consumed goods/ service based on where the worst part/sub-service comes from. In addition, base the tax on direction for of emissions for last 2 years. This would do a great deal more on stopping AGW than a tax on a power plant.
  • by jd ( 1658 ) <imipakNO@SPAMyahoo.com> on Thursday November 02, 2023 @04:30AM (#63973326) Homepage Journal

    Is an illegal subsidy and inhibits legitimate competition. Fossil fuels are very expensive, which is why they need to be subsidised at a level the IMF estimates at $11 million every minute, and that's before factoring in the impact of greenhouse gases that must now by paid for by the taxpayer as we can't leave them there. THAT is a tax.

    You cannot have genuine competition in the energy sector unless either all sectors of energy get equal subsidies, including for hidden costs, or no sector gets subsidised, including hidden costs.

    • Is an illegal subsidy and inhibits legitimate competition. Fossil fuels are very expensive, which is why they need to be subsidised at a level the IMF estimates at $11 million every minute, and that's before factoring in the impact of greenhouse gases that must now by paid for by the taxpayer as we can't leave them there. THAT is a tax.

      You cannot have genuine competition in the energy sector unless either all sectors of energy get equal subsidies, including for hidden costs, or no sector gets subsidised, including hidden costs.

      There is no defined "true cost" associated with carbon emissions, and that "11M a minute" number is entirely based on them. This is from their report:: "Our analysis shows that consumers did not pay for over $5 trillion of environmental costs last year". They pull these numbers right out of their collective asses and pretend they mean something. They do not.

  • Worrying about this is a First World problem. I mean this quite literally. When the hegemony is gone, and it's fleeting fast, how do you force the rest of the world to cooperate with this? To this point, they have done so because of huge economic transfers. When you can't afford that anymore and you have to worry about your own defense in a multipolar world, what happens?

    The old guns and butter thing hasn't gone away. Except in this case it is guns, butter, or alternative energy.

  • by jonadab ( 583620 ) on Thursday November 02, 2023 @07:56AM (#63973758) Homepage Journal
    > the new ruling makes that decision permanent ...
    > a tax... would have required legislative approval

    So in other words, the ruling is "permanent" until the legislature actually votes?
    • > the new ruling makes that decision permanent ...
      > a tax... would have required legislative approval

      So in other words, the ruling is "permanent" until the legislature actually votes?

      Yup. The court struck down the illegal regulation.
      They can always try to pass the tax legally, but they don't have the support of the legislature at this time. The legislature represents the people, so in effect this tax doesn't have the support of the people. I can't imagine why, who wouldn't want a new tax on energy that would raise their costs considerably.

      • LOL. Wanna bet whether the plaintiffs in this case would support a direct ballot initiative on the question?
        • LOL. Wanna bet whether the plaintiffs in this case would support a direct ballot initiative on the question?

          If the people want a direct ballot initiative on this issue they can follow the legal process to get it on the ballot.
          Meanwhile the opposition will follow the legal process to keep it off the ballot.

          That's how the system works. And if you don't like it, you can always follow the legal process to try to change it.

          • Oh, so you invoke "the people" when corrupt legislators do whatever they want, but if the opportunity came along for the people to literally speak for themselves, they would need the permission of a "process" controlled by an oligarchy.

            You sick, un-American fucks.
            • Oh, so you invoke "the people" when corrupt legislators do whatever they want, but if the opportunity came along for the people to literally speak for themselves, they would need the permission of a "process" controlled by an oligarchy.

              You sick, un-American fucks.

              The people speak for themselves on election day. That's how the American system works

              • Oh, so you invoke "the people" when corrupt legislators do whatever they want, but if the opportunity came along for the people to literally speak for themselves, they would need the permission of a "process" controlled by an oligarchy.

                You sick, un-American fucks.

                The people speak for themselves on election day.

                Modulo gerrymandering and the parties' success at distracting with noise and confusion. The gerrymandering aspect favors the entrenched party and the noise and confusion aspect favors the party that doesn't want to do anything, because it's hard to both sow noise and confusion and sell an actual platform at the same time.

                That's how the American system works

                Sure, but let's not pretend that the result is an accurate reflection of the will of the people. This is why ballot initiatives are so important -- and why forces opposed to the will of the

                • Oh, so you invoke "the people" when corrupt legislators do whatever they want, but if the opportunity came along for the people to literally speak for themselves, they would need the permission of a "process" controlled by an oligarchy.

                  You sick, un-American fucks.

                  The people speak for themselves on election day.

                  Modulo gerrymandering and the parties' success at distracting with noise and confusion. The gerrymandering aspect favors the entrenched party and the noise and confusion aspect favors the party that doesn't want to do anything, because it's hard to both sow noise and confusion and sell an actual platform at the same time.

                  That's how the American system works

                  Sure, but let's not pretend that the result is an accurate reflection of the will of the people. This is why ballot initiatives are so important -- and why forces opposed to the will of the people fight hard to keep them off the ballot.

                  Granting everything, this is still how the system works. If they want a referendum in PA this might help: https://cms6.revize.com/revize... [revize.com]

                  I suspect that a bill to raise energy costs via carbon taxes is unlikely to pass. Nobody wants their expenses to go up. They couldn't even pass this one in Seattle: https://www.seattletimes.com/s... [seattletimes.com] . This study tries to explain why it failed: https://www.mdpi.com/2071-1050... [mdpi.com]

                  "Our results from the state of Washington suggest that it may be very difficult to pass a re

  • Inflammatory Title (Score:5, Informative)

    by Usefull Idiot ( 202445 ) on Thursday November 02, 2023 @09:04AM (#63974036)

    Just to be clear, I support having companies pay for their pollution, but the Governor should not be able to create laws by himself. The title should say "Pennsylvania Court Permanently Blocks Governor's Effort To Bypass Legislature."

By working faithfully eight hours a day, you may eventually get to be boss and work twelve. -- Robert Frost

Working...