PA Senate Republicans File To Intervene To Oppose The DEP Lawsuit To Publish Final RGGI Carbon Pollution Reduction Regulations

On February 25, Senate Republicans filed a motion with Commonwealth Court to intervene in opposition to the DEP lawsuit against the Legislative Reference Bureau to publish the final Carbon Pollution Reduction regulations covering power plants consistent with the Regional Greenhouse Gas Initiative.

The motion was filed by Senate President Pro Tempore Jake Corman (R-Centre), Senate Majority Leader Kim Ward (R-Westmoreland), Senate Appropriations Committee Chair Pat Browne (R-Lehigh) and Senate Environmental Resources and Energy Committee Chair Gene Yaw (R-Lycoming.

On January 10, Gov. Wolf vetoed a resolution passed by the Senate and then the House to block publication of the regulation he said was not adopted within the timeframes dictated by the Regulatory Review Act.

Senate Republicans said they have 10 legislative days or 30 calendar days – whichever is longer – to vote to override the governor’s veto.

Although the Senate still has ample time to bring the veto override up for a vote, DEP recently sued the Legislative Reference Bureau and the Pennsylvania Code and Bulletin to force them to publish his RGGI regulation in the Pennsylvania Bulletin immediately.

If successful, the Wolf Administration’s lawsuit would allow the regulation to take immediate effect and prevent the General Assembly from having an opportunity to consider whether to override Gov. Wolf’s veto.

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