(The Center Square) — A judge ruled Wednesday that Republican Gov. Glenn Youngkin’s withdrawal of Virginia from the Regional Greenhouse Gas Initiative was unlawful and now moot.
As of the time of publication, neither the governor nor state Attorney General Jason Miyares had released an official statement, but Youngkin spokesperson Christian Martinez said the office would seek to appeal the decision.
“We respectfully disagree with the judge’s decision and will pursue an appeal,” Martinez wrote on X.
The initiative began as an agreement among seven Northeastern states entering into a regional cap-and-trade program on carbon emissions. Participating states continuously limit allowable carbon emissions for fossil-fuel-powered power plants, but facilities can purchase carbon allowances if they anticipate exceeding the limits. The initiative has expanded to several states, with the General Assembly’s Clean Energy and Community Flood Preparedness Act incorporating Virginia into the coalition in 2020.
But Youngkin directed the State Air Pollution Control Board to extricate Virginia by Executive Order 9, arguing that RGGI amounted to a hidden tax to Virginia ratepayers, as the state’s utilities “are allowed to pass on the costs of purchasing allowances.”
“[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 added on X.
Floyd County Circuit Court Judge C. Randall Lowe ruled Wednesday in agreement with what environmental groups and state Democrats have said all along – the governor did not have the authority to remove the state from RGGI as he did.
Virginia joined RGGI as a result of a state law crafted and established by the legislative process, and only the General Assembly has the authority to repeal the RGGI regulation, according to Lowe.
Since the RGGI Act “requires the RGGI regulation to exist” and “executive agencies may only do that which is permitted by statute,” Lowe wrote. “The administration acted unlawfully.”
Senate Majority Leader Scott Surovell, D-Fairfax, and Speaker of the House Don Scott, D-Portsmouth, applauded the judge’s decision.
The money the commonwealth collects from RGGI goes to flood preparedness and energy efficiency.
