By Rachel Gass  – 10/17/25

PA Midterm Election 2025: What’s at Stake for the Environment? 

Pennsylvania’s midterm election on November 4 includes three Supreme Court justices and several appellate court judges. While often overlooked, these races play a critical role in shaping state policy, including environmental regulation and climate action. Advocates expect this year’s election to significantly impact how Pennsylvania addresses future environmental challenges. This post outlines the judicial races and explores what their outcomes could mean for Pennsylvania’s ability to protect the environment. 

Spotlight: Pennsylvania Supreme Court  

Across the state, voters will decide whether to retain three sitting Supreme Court justices—Christine Donohue, Kevin Dougherty, and David Wecht—for new ten-year terms. Voters first elected the three Justices in a landmark 2015 election, the first time in state history that three Supreme Court seats were on the ballot at once.  

The election comes at a pivotal moment, as state courts increasingly shape major decisions about individual rights and environmental protections. In Pennsylvania, that includes the pending case determining whether the state will remain in the Regional Greenhouse Gas Initiative (RGGI), a market-based program to reduce climate pollution across the Northeast.  

How Could This Election Impact Environmental Policy? 

Justices Donohue, Dougherty, and Wecht have consistently upheld Pennsylvanians’ constitutional right to a clean and healthy environment as guaranteed by Article I, Section 27 of the Pennsylvania Constitution, also known as the Environmental Rights Amendment (ERA).  

A key example of this commitment is Pennsylvania Environmental Defense Foundation (PEDF) v. Commonwealth, in which the Court ruled that revenue from oil and gas leases on public lands must be used to preserve the environment, not diverted elsewhere. This decision reaffirmed that the state holds natural resources in trust for the public and has a constitutional duty to protect them. 

The Court is currently embattled in another ruling over the state’s authority to apply regulations for a healthy environment, this time via its participation in RGGI, the interstate cap-and-trade program aimed at curbing power plant emissions and supporting the clean energy transition.  

Ever since Pennsylvania joined RGGI via executive order in 2019, the program has polarized those concerned over rising greenhouse gas emissions and energy costs and raised questions about the executive’s authority to place market-based regulations on climate pollution without legislative approval. 

The Supreme Court heard arguments for the initiative in May, and while no ruling has been announced, it is sure to carry serious weight. The decision will not only determine whether Pennsylvania can join RGGI but also clarify the scope of the Department of Environmental Protection’s (DEP) authority to regulate air pollution and set a precedent for how far state agencies can go in addressing climate issues. 

State Senate Majority Leader Joe Pittman (R., Indiana) has said that since the decision will “dictate the course of energy production” in Pennsylvania, his chamber does not intend to consider the group of bipartisan energy bills sitting in the legislature until the Court issues a verdict. Some bills, like one expanding access to tax credits benefitting clean energy producers, have already passed the House with Senate support.  

Absent any official timeline for when the Court will issue its decision on RGGI, voters can look to precedent. In past environmental cases, Justices Donohue, Dougherty, and Wecht have upheld the principles of the ERA, including the idea that clean air and a healthy environment must be protected for the benefit of all.  

Given the Justices’ prior rulings supporting the ERA, their retention could help ensure continued judicial support for strong environmental protections in Pennsylvania.  

How Does PA Supreme Court Retention Work? 

Pennsylvania is one of only eight states that elects Supreme Court justices through partisan elections. In most states, governors appoint justices or voters elect them in non-partisan contests. In Pennsylvania, candidates only run against opponents in elections for vacant seats. Once elected, Justices serve ten years, after which they face voters in a “Yes/No” retention election for each subsequent term.  

This system began in 1968, when voters approved the state’s current constitution. The measure aimed to reduce partisan politics by allowing judges to lean into their independence without concerns about following party lines.  

Most judges easily win their retention elections by large margins, in part due to low voter turnout and limited public awareness about the judiciary’s role. Judicial code of conduct also prohibits judges from commenting on issues that come before the bench, limiting the amount of information voters can use to make their decisions.  

If any of the three sitting Justices are not retained this year, Governor Josh Shapiro would appoint a temporary replacement. However, that appointment would need to be approved by the Republican-controlled Senate, which could block or delay the Governor’s choice, leaving the seat vacant until a special election in 2027. 

The Role of the PA Supreme Court: In Their Own Words  

The Supreme Court plays a critical role in checking the power of the legislative and executive branches to ensure neither abuses its authority. Its job includes interpreting the state Constitution, which defines and limits the powers of the other two branches, and applying laws based on legislative intent, regardless of personal opinion or political background.  

In the lead up to this year’s much-anticipated election, the three Justices traveled on a speaking tour of the state to educate voters about the role of the Court and allay concerns of political bias. Their tour provided a unique window into how the Justices conceive of their role as nonpartisan arbiters on questions related to Pennsylvania law.  

Justice Kevin Dougherty directly addressed concerns of partisanship, saying “the Constitution required us to run as a partisan, but the moment we were elected, when we put that black robe on, we hung up that partisan title … You’ll never hear us say it’s how many Democrats, how many Republicans? We say that we’re seven.”  

Justice Christine Donohue affirmed Dougherty’s claims of independence, noting that Democrats “disagree with each other all the time” and are often in alignment with Republicans. Justice David Wecht emphasized that the Court’s job is not to make policy, but to interpret the laws created by the legislative branch: “We must interpret and apply the law that the General Assembly gave us. They’re the policymakers.” 

Advocates have echoed the importance of judicial neutrality. Lauren Cristella, president and CEO of the nonpartisan good government group the Committee of Seventy, warned that recent efforts by political groups to unseat the Justices threaten public trust. “It undermines the public’s trust and the rule of law if people think judges are in it for one team or the other.” 

Voting rights activists have also raised concerns about the politicization of judicial retention elections, arguing that voters should evaluate the three Justices not on political affiliation but on whether they faithfully interpret the Pennsylvania Constitution, including but not limited to the Environmental Rights Amendment. 

The Pennsylvania Bar Association, a nonpartisan professional body that reviews judicial performance, has “Highly Recommended” all three Justices for retention, their highest rating, for being “fair,” “logical,” and “open to consideration of differing perspectives.” 

Spotlight PA, an independent nonpartisan newsroom, provides comprehensive backgrounds on each Justice’s record to help voters make informed choices.  

What Else Is on the Ballot? 

In addition to the Supreme Court retention election, Pennsylvanians will vote in municipal elections that vary by county. Voters may see races for District Attorney, City Controller, judges, or city council and can preview personalized ballots using nonpartisan tools like Ballotpedia’s sample ballot lookup.  

Statewide, voters will also cast ballots in contested elections for the Commonwealth Court and Superior Court. Both serve as intermediate appellate courts, which have the power to affirm or reverse lower courts’ decisions; their rulings can be further appealed to the Pennsylvania Supreme Court.  

The Commonwealth Court handles cases involving state and local governments and regulatory agencies, while the Superior Court hears appeals in criminal, family, and civil cases. A comprehensive candidate guide for both elections is available here. 

Make Your Plan to Vote 

Polls are open from 7:00am to 8:00pm on November 4, 2025. All voters in line by 8:00 pm can vote, even if it takes time to cast their ballots. Voters can also vote by mail—the deadline to apply is October 28. 

The official PA Voter Services website allows voters to check their registration or find their polling place. The PA voter hotline is also available at (877) 868-3772 for assistance with registration, voting questions, or provisional ballots.  

Why Your Vote Matters 

As decisions about environmental protection are increasingly made at the state level, the role of Pennsylvania’s Supreme Court has become more important than ever. The upcoming ruling on RGGI, as well as future cases interpreting the ERA, will shape what kind of environmental action is legal in Pennsylvania. Indeed, this year’s judicial retention election could decide how, and whether, the Court protects Pennsylvanians’ right to clean air, water, and a healthy environment now and for decades to come.