PA Small Businesses Praise Court Ruling Against Gov. Wolf's Unconstitutional RGGI Push

Date: July 08, 2022


HARRISBURG, Pa. (July 8, 2022) – In a critical blow to Gov. Tom Wolf’s backdoor attempt to force Pennsylvania into the Regional Greenhouse Gas Initiative (RGGI) and levying a massive new energy tax, the Commonwealth Court of Pennsylvania this afternoon enjoined the Department of Environmental Protection (DEP) from implementing, administering, or enforcing final rulemaking. The National Federation of Independent Business (NFIB), the state and nation’s leading small business association, has strongly opposed the Wolf Administration’s unilateral and unconstitutional push.

“NFIB is thrilled the Commonwealth Court of Pennsylvania has granted a preliminary injunction to Governor Wolf’s unconstitutional energy tax,” said Greg Moreland, NFIB Pennsylvania State Director. “For years, our members have complained about rising energy costs, and with inflation at 8.6 percent, RGGI may have been the nail in the coffin for energy intensive small businesses. We hope the governor will come to the table and negotiate with the legislature, because we all want a clean environment. We just have different beliefs on how to achieve that goal.”

Last month, NFIB’s Small Business Legal Center filed an amicus brief in this case before the Commonwealth Court (Bowfin Keycon Holdings, LLC, et al. v. Pennsylvania Department of Environmental Protection). NFIB’s amicus brief challenged Regulation 7-559, which authorized Pennsylvania’s participation in the RGGI. NFIB’s brief argued that certain RGGI requirements represent an unconstitutional tax, the RGGI itself is an unlawful interstate compact, and joining the RGGI will have detrimental impacts for Pennsylvania’s businesses and consumers.

The RGGI is an initiative of 11 New England and Mid-Atlantic states to reduce greenhouse gas emissions by capping and reducing CO2 emissions from electric power plants.

NFIB Pennsylvania Assistant Director Melissa Morgan recently testified before a joint hearing of the Pennsylvania Senate Environmental Resources & Energy and Community Recreational & Economic Development committees on the negative economic impacts of the RGGI.


For more than 75 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses, and remains so today. For more information, please visit

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