Judge rules Youngkin’s RGGI exit was unlawful

A Floyd County Circuit Court judge ruled this week that Gov. Glenn Youngkin’s decision to withdraw Virginia from the Regional Greenhouse Gas Initiative was unlawful, but the governor plans to appeal the decision, according to a spokesperson.

Judge Randall Lowe ruled that “the only body with the authority to repeal the RGGI regulation would be the General Assembly,” a victory for the plaintiffs, Association of Energy Conservation Professionals, Virginia Interfaith Power & Light, and Appalachian Voices. The group filed suit against the Virginia State Air Pollution Control Board, the Virginia Department of Environmental Quality and its director, Michael Rolband, two years ago. The Southern Environmental Law Center’s Charlottesville office represented the plaintiffs.

Newly in office in 2022, Youngkin issued an executive order calling on the state Air Pollution Control Board to exit the RGGI, a market-based, cap-and-invest initiative to lower carbon emissions through auctioning of carbon credits. Nearly a dozen states in the mid-Atlantic and New England belong to the RGGI. In June 2023, the state air pollution board — with new members appointed by Youngkin — voted to remove Virginia from the RGGI, effectively repealing legislation enacted under former Gov. Ralph Northam in 2020.

According to news reports, the state received about $830 million over three years from its membership in RGGI. Youngkin, however, argued that utilities’ payments to participate in the carbon market were passed on to customers via higher power rates, although RGGI supporters said that Virginians benefited from funding for weatherizing homes and to address flooding.

“We respectfully disagree with the judge’s decision and will pursue an appeal,” Youngkin’s press secretary, Christian Martinez, said in a statement. “Gov. 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. Instead, it functions as a regressive tax, hidden in utility bills, passed on to all Virginians.”

Contrary to the governor’s stance, the Virginia Senate Democratic Caucus celebrated the ruling in its statement: “Today’s ruling represents a decisive victory for Virginia and the rule of law. RGGI proved to be an invaluable tool in our fight against the climate crisis, providing critical resources to protect communities from flooding and extreme weather, reduce household energy costs, and deliver environmental justice to communities historically burdened by air pollution. The Youngkin administration’s unlawful actions have resulted in dirtier air, left our communities vulnerable to climate disasters without proper resources, and stripped Virginians of vital assistance for reducing their energy costs.”

Virginia House of Delegates Speaker Don Scott, a Democrat, called the decision “not only a win for every Virginian who has faced the devastating impact of severe flooding but a win for all Virginians, their wallets and our environment,” in a statement posted on X. “Gov. Youngkin’s reckless attempt to undermine this critical program has been rightfully stopped, and we remain committed to building an affordable and more sustainable future for all.”

Senate Republicans backed the governor, with state Sen. Mark Obenshain, chair of the state Senate GOP caucus, saying in a statement, “This decision ignores the economic impact of RGGI on Virginians. We remain committed to supporting efforts to lower energy costs and ensure Virginia’s future is not dictated by an ineffective program. I do not believe that this decision will stand on appeal.”