EDMONTON — The Alberta Court of Appeal has ruled that the federal carbon tax is not constitutional.

In a 4-1 decision, the court says the legislation that brought in the tax erodes provincial jurisdiction.

The Alberta government had argued in its challenge of the tax that climate change isn’t a national issue requiring overriding federal intervention.

The federal government countered by saying climate change is a national and global concern that can’t be left to each of the provinces to take on alone.

Monday’s decision is the first to side with a province against the federal government.

Saskatchewan Premier Scott Moe shared his response to the ruling on Twitter Monday afternoon.

Congratulations @jkenney on your win at the Alberta Court of Appeal!

Your party was there for Saskatchewan’s carbon tax case and Saskatchewan is happy to be there for all Albertans. https://t.co/KDDcXC3O92 pic.twitter.com/doAXJ022UQ

— Scott Moe (@PremierScottMoe) February 24, 2020

Courts in both Saskatchewan and Ontario upheld the federal levy last year.

The Supreme Court of Canada is to hear Saskatchewan’s appeal of its court’s decision this spring.

{The Canadian Press}