Roanoke Sun

Environmental organizations are taking legal action against Virginia Gov. Glenn Youngkin's administration after it opted to withdraw the state from the Regional Greenhouse Gas Initiative (RGGI) using a regulatory repeal, prompting a dispute over the legality of the move and its potential consequences for carbon emissions reduction efforts. The move has triggered a clash between environmental advocates and the administration over taxes and climate change policies. 

"RGGI remains a regressive tax which does not do anything to incentivize the reduction of emissions in Virginia. Our State Air Pollution Control Board has acted and believes that Virginia is not required to be in RGGI and that the citizens of Virginia should not be subjected to this unnecessary tax," Virginia Secretary of Natural and Historic Resources Travis Voyles said in a statement Youngkin's office shared with ABC 13. "The Office of the Attorney General confirmed the State Air Pollution Control Board has the legal authority to take action on the regulatory proposal using the full regulatory process—and the Board voted to do just that—furthering Virginians access to a reliable, affordable, clean, and growing supply of power. Virginians will see a lower energy bill in due time because we are withdrawing from RGGI through a regulatory process." 

According to ABC 13, environmental organizations, led by the Southern Environmental Law Center, have taken legal action against the administration of Gov. Youngkin for its decision to withdraw the state from the Regional Greenhouse Gas Initiative (RGGI) through a regulatory repeal, sparking a legal battle over the withdrawal's method and environmental impact. The lawsuit was filed by multiple groups, including Appalachian Voices and Virginia Interfaith Power and Light, shortly after their expressed intention to challenge the move in court.

The withdrawal from the Regional Greenhouse Gas Initiative (RGGI) involved repealing the state's participation regulation, which had been established under the Clean Energy and Community Flood Preparedness Act in 2020, ABC 13 reported. Following a lengthy process, including extensive public input, the Air Pollution Control Board voted in June to approve the repeal; however, numerous environmental groups and Democratic lawmakers have criticized the action as unlawful, contending that the 2020 law obligates Virginia's continued involvement in RGGI. The withdrawal will take effect on Dec. 31, coinciding with the conclusion of the program's control period that commenced on January 1, 2021. RGGI enforces emissions caps on carbon dioxide produced by power plants and envisions progressively stricter limitations across eleven states: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia.

In January 2023 during the State of the Commonwealth Address, Gov. Youngkin expressed concern, stating, "Because lawmakers outsourced their responsibilities and surrendered our values to California — Virginians face a mandate starting in 2024 that limits and eventually bans the buying of gas-powered cars or trucks. Unless we act, Virginia is hostage to the extreme policies of California. Commonsense says that the law of Virginia should be written by elected leaders here — not outsourced to radical bureaucrats in California."