Environmentalists Sue Virginia Gov. Over Withdrawal From Regional Agreement

RICHMOND, Va. — Environmentalists are suing Virginia’s Republican Gov. Glenn Youngkin over his effort to withdraw the state from a regional agreement on reducing greenhouse gas emissions.

Youngkin filed notice of withdrawal from the 11-state Regional Greenhouse Gas Initiative at the end of July. The effective date will be Dec. 31.

The Southern Environmental Law Center filed a lawsuit last week in Fairfax County Circuit Court to block the withdrawal. The organization represents several environmental groups.

The RGGI uses a carbon credit market strategy to compel states to reduce power plant emissions that contribute to global warming. 

Under the strategy, greenhouse gas emissions for each participating state are capped and credits are assigned representing a certain tonnage of the gasses. The credits are used to allocate emissions among regulated sources of pollution. States can auction and exchange credits but they cannot exceed their allocation.

The strategy seeks to use market forces to drive down carbon dioxide and other harmful emissions.

Protesters against Youngkin’s withdrawal joined Monday during a virtual meeting to discuss the importance of Virginia remaining in the multi-state agreement.

In addition to reducing carbon dioxide levels, the agreement allocates revenue from carbon credit auctions to flood prevention and low-income energy efficiency programs.

Norfolk City Councilwoman Andria McClellan said during the virtual meeting the allocation provides important funding for environmental protection that should be increased rather than abolished.

Youngkin and other critics of the strategy say it unfairly increases prices for consumers. Dominion Energy, Virginia’s largest utility, says complying with the RGGI agreement adds about $2.39 to the average customer’s monthly utility bill.

Participation in the RGGI won authorization from the Virginia General Assembly during the governorship of Ralph Northam, the predecessor to Youngkin. State lawmakers refused Youngkin’s directives to withdraw from the agreement.

As a result, Youngkin is now trying a regulatory approach that circumvents the General Assembly.

In June, the State Air Pollution Control Board approved repeal of the regulation that began Virginia’s inclusion in the RGGI. Most of the board’s members were appointed by Youngkin.

Based on the board’s vote, Youngkin claimed he had authority to move ahead with the withdrawal.

“RGGI remains a regressive tax which does not do anything to incentivize the reduction of emissions in Virginia,” secretary of Natural and Historic Resources, Travis Voyles, said in a statement.

The Southern Environmental Law Center was joined by Democratic state lawmakers in saying Youngkin is exceeding his authority.

They say Virginia’s 2020 Clean Energy and Community Flood Preparedness Act requires the state to participate in the program.

“It is critical that we continue our participation in RGGI, a proven climate solution,” Nate Benforado, the Law Center’s senior attorney, said in a press release. “Virginians know that we need this program and that we have no time to waste. We will be doing everything we can — as quickly as we can — to enforce the law and maintain this successful program.”

A spokesperson for the Virginia attorney general’s office declined to comment on the Southern Environmental Law Center’s lawsuit.

“We don’t comment on pending litigation,” Victoria LaCivita, spokesperson for the Virginia attorney general’s office, told The Well News.

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