I talked to Nate Benforado from the Southern Environmental Law Center about his win today as the lead attorney in the case against Gov. Glenn Youngkin and the removal of Virginia from the Regional Greenhouse Gas Initiative, or RGGI.
We discuss what this means for Virginia, the timeline for when Virginia will reenter RGGI, what the possible appeals process will look like and more.
For context:
A Circuit Court judge in Floyd County ruled against Gov. Glenn Youngkin, saying he unlawfully removed Virginia from the Regional Greenhouse Gas Initiative, or RGGI.
RGGI is a market-based cap-and-invest initiative. Within the 11 states participating in RGGI, regulated power plants must acquire one RGGI CO2 allowance for every short ton of CO2 they emit. States participating in RGGI distribute allowances at quarterly auctions, which power plants and other entities can purchase.
Youngkin announced in 2021, before he was sworn into office, that he was planning to remove Virginia from RGGI. On day one of his administration, he signed an executive order to begin reevaluating Virginia’s participation in the RGGI and establishing regulatory processes to end it.
In 2023, the State Air Pollution Control Board voted to remove Virginia from RGGI. The lawsuit concerns the legality of the Youngkin administration’s move to reverse a legislative action.
“We respectfully disagree with the judge’s decision and will pursue an appeal,” said Christian Martinez, a spokesperson for Youngkin. “Governor 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.”
Democrats, who passed legislation to implement RGGI, applauded the ruling.
“This is 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,” said Speaker of the House Don Scott, D-Portsmouth. “Programs funded by RGGI have helped Virginians cut household energy costs, helped protect communities from floodwaters, and have been critical in the fight to cut pollution and address climate change. Today’s decision saves hardworking Virginians money by ensuring the resources generated by RGGI are used to protect our communities. Governor 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.”
After joining the initiative in 2020 with 10 other states, Virginia made more than $227 million during the first year. The money is intended to be reinvested in toward low-income energy efficiency programs and a Community Flood Preparedness Fund.
“I am pleased that the court has found that Governor Youngkin acted illegally and Attorney General Miyares did not interpret the law correctly,” said Senate Majority Leader Scott Surovell, D-Fairfax.
“Unfortunately, his decision has now cost Virginians over $200 million dollars of funds that could have been appropriated in the last two years to protect the Commonwealth against flood damage like what just happened in Southwest Virginia because of Hurricane Helene.”
The Virginia League of Conservation Voters praised the Circuit Court ruling.
“Virginia’s membership in RGGI gave the Commonwealth a critical tool to combat the climate crisis, hold polluters accountable, protect communities against flooding and extreme weather, and lower household energy costs,” said Michael Town, the executive director of the Virginia League of Conservation Voters. “The Youngkin Administration’s
