Virginia Gov. Can’t Remove State From Greenhouse Gas Initiative, Judge Rules

Virginia Gov. Glenn Youngkin speaks at the 2024 Road to Majority Conference in Washington on June 22, 2024. Madalina Vasiliu/The Epoch Times

Virginia Gov. Glenn Youngkin’s administration cannot withdraw from a multistate initiative designed to reduce greenhouse gas emissions without gaining approval from the state Legislature, a judge ruled Monday.

Judge C. Randall Lowe issued the ruling in Floyd County after finding Virginia’s Air Pollution Control Board acted unlawfully when it voted last year to withdraw the state from the Regional Greenhouse Gas Initiative (RGGI).

Virginia joined the initiative under Youngkin’s Democrat predecessor, Ralph Northam, in 2020, at a time when Democrats also had control of the Legislature.

The RGGI, a cooperative effort among 11 states to reduce carbon dioxide (CO2) emissions from power plants, is the first cap-and-invest regional initiative implemented in the United States.

It requires each power plant within participating states to pay for each ton of CO2 it emits at quarterly auctions in order to offset said emissions.

Since taking office in 2022, Youngkin has sought to pull Virginia from the carbon emission-capping program, arguing that Virginia’s participation effectively amounts to a direct tax on all households and businesses because the RGGI fees that power companies pay to purchase carbon offsets are passed down to customers.

The governor has further argued there is zero incentive for power producers to reduce carbon emissions, while the State Corporation Commission has estimated the typical monthly bill for Virginia households could increase by $2 to $2.50 for the years 2027 to 2030 under the program.

Youngkin’s attempts to withdraw from the program have prompted pushback from environmentalist groups who argue the policy is one of Virginia’s strongest tools to slash pollution.

Supporters such as the Environment Virginia Research & Policy Center say the RGGI has generated more than $827.7 million in revenue for Virginia’s various energy and climate projects between 2021 to 2023.

Youngkin’s efforts were also repeatedly rejected by Democrats in the state Legislature until the State Air Pollution Control Board voted 4–1 to exit the agreement last year, and Virginia later exited the initiative.

Environmental Groups Welcome Ruling

However, in his ruling Monday, Lowe said the only body with the authority to repeal the RGGI regulation is the General Assembly.

“This is because a statute, the RGGI Act, requires the RGGI regulation to exist,” Lowe wrote.

The judge further noted that if Youngkin’s administration had merely amended the RGGI Regulation in ways that were “not inconsistent” with the RGGI Act, it is unlikely that their authority to do so could be challenged.

“But that is not what happened here,” the judge wrote. “For the reasons set out in this opinion, the Court finds that the attempted repeal of the RGGI Regulation is unlawful, and thereby null and void,” he concluded.

The ruling was welcomed by environmental groups including the Southern Environmental Law Center, which filed the lawsuit against Virginia on behalf of four clients challenging the withdrawal in August 2023.

“All along we knew that the actions taken by the Air Board and DEQ were wrong,” Billy Weitzenfeld, former executive director of the Association, said in a statement.

“This is a win for communities across Virginia who have benefited from the state’s participation in RGGI in the past and those that now will have a chance to continue to see those benefits,” Weitzenfeld added.

Elsewhere, Youngkin’s spokesman, Christian Martinez, told multiple media that the state plans to appeal the judge’s ruling.

“Governor Youngkin remains committed to lowering the cost of living for Virginians by continuing to oppose the Regional Greenhouse Gas Initiative, which fails to effectively incentivize emission reductions in the Commonwealth,” Martinez said.

The Epoch Times has contacted Youngkin’s office for comment.

The Associated Press contributed to this report.