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EDMONTON — The Alberta Court of Appeal gave opponents of the federal carbon tax their first win on Monday when it ruled that the levy is unconstitutional.

In a 4-1 decision, the Appeal Court said the legislation that brought in the tax erodes provincial jurisdiction.

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“The act is a constitutional Trojan Horse,” said a portion of the decision written by three of the four majority justices.

“Almost every aspect of the provinces’ development and management of their natural resources … would be subject to federal regulation.”

A fourth judge filed a separate opinion in support of the majority.

The Alberta government had argued in its challenge of the tax that climate change isn’t a national concern requiring overriding federal intervention. A provincial lawyer said in hearings last December that if greenhouse gases could be considered such, then anything could.