Pennsylvania Court Takes State Out of Regional Climate Pact

A Pennsylvania court on Wednesday struck down the state’s bid to join a climate pact with 11 Northeastern states, finding that the program imposes an unconstitutional tax.

In two separate but related rulings, Judge Michael H. Wojcik of the Commonwealth Court of Pennsylvania found that the state’s participation in the Regional Greenhouse Gas Initiative can only be achieved through legislation passed by the state general assembly, not through rulemaking.

In a dissenting opinion, Judge Ellen Ceisler said it doesn’t seem the emissions allowance auction process “would impose what could be deemed ...