In 1998, lawyers Robert McKinstry and John Dernbach discussed the importance of state policy on climate change at a Penn State conference. Back then, they felt there was still time to act. Fast forward to today, and they see missed chances to reduce greenhouse gases in Pennsylvania. Despite advancements in climate science and growing disasters—like flooding and wildfires—progress has stalled.
Recently, these lawyers pushed for action on a petition they filed in 2018. They argue that Pennsylvania must adhere to its constitutional environmental rights amendment, which ensures access to clean air and water. “We’ve wasted valuable time,” they stated, emphasizing that this delay hinders the development of a clean energy economy.
The proposed solution is a cap-and-trade program called SAVER, aimed at lowering emissions by 40% by 2030 and achieving carbon neutrality by 2052. This approach allows companies to buy and sell pollution allowances, incentivizing them to cut their emissions. Other regions, like California and the European Union, have successfully used similar systems.
Critics in California argue that cap-and-trade isn’t meeting goals and may lead to environmental justice issues. However, Dernbach believes those concerns can be addressed. The SAVER proposal aims to improve air quality, particularly in disadvantaged areas of Pennsylvania.
Since 2005, Pennsylvania’s greenhouse gas emissions have diminished less than the national average. In some sectors, emissions are expected to rise. If Pennsylvania were a country, it would rank 39th globally for climate pollution, trailing Spain but ahead of Myanmar.
Environmental advocates, including Joe Minott of the Clean Air Council, feel disheartened by the lack of progress. A recent ruling in Montana reaffirmed the necessity for states to consider climate impacts in their decisions, echoing Pennsylvania’s own amendment.
Historically, the environmental rights amendment wasn’t viewed as powerful until a 2013 court ruling opened doors for broader interpretations. Today, the current petition could set a significant precedent regarding greenhouse gas emissions.
As opposition grows and the state legislature remains divided, advocates are looking at the Environmental Quality Board as a potential pathway for change. Pennsylvania’s new governor, Josh Shapiro, has indicated the need for a “cap and invest” program to regulate utility emissions. However, pushback from industry leaders poses challenges.
Natural gas makes up about 60% of Pennsylvania’s energy supply, while renewable sources account for only 4%. This reliance drives up electricity costs for consumers.
Despite these hurdles, Dernbach and McKinstry remain hopeful. They understand change takes time and effort. “Doing the right thing is often a long journey,” McKinstry remarked.
In a world where climate action is increasingly urgent, Pennsylvania’s path forward is a critical topic that resonates beyond state lines. With ongoing debates and new proposals, the coming years will be essential in shaping the state’s response to climate change.
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cap and trade,emissions,Emissions reductions,John Dernbach,Pennsylvania,Pennsylvania Department of Environmental Protection,Regional Greenhouse Gas Initiative,Robert McKinstry
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