RGGI (Regional Greenhouse Gas Initiative, pronounced Reggie) strives to use a regional approach to both control greenhouse gases (GHG) and minimize greenhouse gas emissions.  It is a multistate (10) arrangement that is a Cap and Trade, and invest, structure.  In PA the commonwealth court denied RGGI legality saying that it’s a fee or tax which has to be put in place by the legislature.  RGGI was approved by the previous governor (Wolf).

The PA Supreme Court has taken the case, and our amicus lays out the actual structure of RGGI which is a Cap and Trade structure that seeks to compensate the commonwealth for damages done by the fossil fuel industry, but externalized to the environment and the global population.

Download the DCS amicus as a pdf.

DCS’ excellent environmental attorney, Lauren Williams, has studied CAP RATE arrangements and presents the argument in the amicus.  The oil and gas industry and the pro-fossil fuel parts of the PA legislation are putting forth the argument that property rights extend to the air and that the air is not subject to the PA Environmental Rights Amendment (Article 1, Section 27) because the air is not a natural resource owned by the commonwealth but owned by the individual property rights.

This is totally false. The air moves. It is totally a common natural resource that must be protected for future generations under the Environmental Rights Amendment.

Pennsylvania Constitution
Article 1, Section 27.
Natural Resources and the Public Estate

“The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment. Pennsylvania’s public natural resources are the common property of all the people, including generations yet to come. As trustee of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people.”

The environment right amendment is so bedrock and important and forward looking.

Defending the Environmental Rights Amendment is extremely important. If we need to file additional briefs on this we will.  Please support our legal efforts.