Virginia Takes a Step Back into RGGI

Virginia might soon rejoin the Regional Greenhouse Gas Initiative (RGGI), a group of states working together to cut down on carbon emissions. This change comes after the previous administration, led by Glenn Youngkin, decided to pull Virginia out of the program. Now, the new Attorney General, Jay Jones, is taking steps to reverse that decision.

Legal Steps to Rejoin RGGI

Jones' office has paused an appeal in a legal case involving the Virginia State Air Pollution Control Board. This move is the first in a series of actions to undo the previous administration's decision to leave RGGI. The legal battle has been ongoing since Youngkin's administration withdrew Virginia from the initiative at the end of 2023.

Background on Virginia's Involvement

Virginia originally joined RGGI in 2021, following a law passed by the General Assembly in 2020. The decision to leave RGGI was made by the Air Pollution Control Board, which was majority-appointed by Youngkin. Environmental groups and Democrats have argued that this move was illegal.

Legal Challenges

A lawsuit filed by environmental groups claims that the Air Pollution Control Board and the Department of Environmental Quality (DEQ) do not have the authority to remove Virginia from RGGI. The lawsuit also argues that the Youngkin administration did not provide enough evidence to support their decision, as required by the Virginia Administrative Process Act.

Court Ruling and Appeals

In 2024, a Floyd County Circuit Court judge ruled that Youngkin's effort to remove Virginia from RGGI was "unlawful and without effect." The judge stated that only the General Assembly has the authority to repeal the RGGI regulation. This ruling has been tied up in the appeals process ever since.

Jones' Support for RGGI

Jones expressed his support for rejoining RGGI, stating that it helps lower costs for vulnerable Virginians and encourages industries to switch to cleaner energy sources. He believes that this step will set Virginia on a path towards long-term affordability and resilience.