RICHMOND, VA – The Floyd County Circuit Court ruled today that Gov. Glenn Youngkin administration’s decision to direct the Air Pollution Control Board to end Virginia’s participation in the Regional Greenhouse Gas Initiative (“RGGI”) was unlawful. The decision upholds the argument that environmental advocacy groups, activists, and lawmakers have been making for years: only the Virginia General Assembly has the authority to repeal the RGGI regulations. 

RGGI is a multi-state cap-and-invest program that gradually limits carbon emissions from power plants and charges polluters for their emissions. In Virginia, the associated revenue funds flood resilience and low-income energy efficiency programs, including weatherization and efficient affordable housing construction. RGGI is overwhelmingly supported by the public, with 66% of Virginians in support and over 95% of public comments during the Notice of Intended Regulatory Action (NOIRA) advocating against RGGI repeal. 

In today’s decision, the Circuit Court ruled that “the only body with the authority to repeal the RGGI Regulation would be the General Assembly. This is because a statute, the RGGI Act, requires the RGGI Regulation to exist.” This corroborates comments submitted by CCAN to the Air Board in 2023, which stated that the RGGI Act “is not a vague directive for state agencies to administer RGGI when and as they see fit. It is a mandate.”

“Today’s decision is a testament to the legislative accomplishments of the General Assembly and their incredible work to protect our health and environment,” said Victoria Higgins, Virginia Director for Chesapeake Climate Action Network. “RGGI is critical, proven, and overwhelmingly popular. More importantly, it is the law. Today, I want to especially extend our thanks to state Delegate Charniele Herring and former Senator Lynwood Lewis, who were the patrons that introduced and passed this strong climate law.”

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Chesapeake Climate Action Network is the first grassroots organization dedicated exclusively to raising awareness about the impacts and solutions associated with global warming in the Chesapeake Bay region. Founded in 2002, CCAN has been at the center of the fight for clean energy and wise climate policy in Maryland, Virginia, and Washington, DC.