A judge has ruled that Virginia Governor Glenn Youngkin, a Republican, can't withdraw from a multi-state greenhouse gas deal without the Legislature's approval.
Retired Judge C. Randall Lowe in Floyd County said in a ruling issued Monday that Virginia's Air Pollution Control Board exceeded its authority when it voted last year to leave the Regional Greenhouse Gas Initiative (RGGI).
What Is the Regional Greenhouse Gas Initiative?
The RGGI is an agreement between 12 mid-Atlantic and Northeast states to reduce power plants' carbon emissions.
Under the deal, the 12 states require plants of a certain generating capacity to purchase allowances to emit carbon dioxide, a greenhouse gas that contributes to global warming.
Virginia joined the agreement in 2020 when former Democratic Governor Ralph Northam was in office and Democrats controlled the Legislature. Youngkin became governor in 2022, but one or both legislative chambers have remained under Democratic control during his term.
Youngkin has said Virginia's participation in the RGGI amounts to a hidden tax on state residents' energy bills.
Virginia's State Corporation Commission has estimated the usual monthly bill could increase by $2 to $2.50 from 2027 to 2030.
Last year, before Virginia's Air Pollution Control Board voted to exit the RGGI, Dominion Energy, the state's largest utility company, estimated that it had sustained roughly $490 million in compliance costs from the deal and recovered around $267 million from customers.
Glenn Youngkin Opposes Ruling
Christian Martine, Youngkin's spokesman, said Wednesday that the state will appeal Lowe's ruling.
"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," Martine said in a written statement.
Shaun Kenney, a spokesman for Republican Virginia Attorney General Jason Miyares, also expressed disappointment in the ruling in a written statement.
"We look forward to defending the commonsense repeal of this counterproductive program on appeal," Kenney said.
Virginia Democrats Welcome Ruling
Virginia House Speaker Don Scott, a Democrat, called Lowe's ruling "a win for all Virginians, their wallets and our environment."
"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," Scott said.
Meanwhile, L. Louise Lucas, the Democratic president pro tempore of the Virginia Senate, wrote on X, formerly Twitter, on Wednesday, "Governor Youngkin broke the law when he removed us from RGGI and today judges upheld the law and struck down his illegal actions."
"Governors are administrators of the laws we pass, not Kings to do as they wish and Gov Youngkin learned that the hard way today," Lucas added.
This article includes reporting from The Associated Press.
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