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Court Denies Virginia’s Withdrawal from RGGI

Virginia Judge Rules Against State’s Withdrawal from Carbon Trading Program

In a landmark decision, a Floyd County circuit court judge ruled that Virginia’s environmental regulators lacked the authority to withdraw the state from the Regional Greenhouse Gas Initiative (RGGI) without legislative approval. The ruling, delivered on Monday by Judge Designate Randall Lowe, declared the Virginia Air Pollution Control Board’s vote to rescind the state’s participation in the carbon trading program as "unlawful and without effect."

Judge Lowe’s five-page opinion stated, "For the reasons set out in this opinion, the Court finds that the attempted repeal of the RGGI Regulation is unlawful, and thereby null and void." This decision marks a significant setback for Virginia’s Republican Governor Glenn Youngkin, who has actively pursued the state’s withdrawal from the initiative aimed at capping carbon emissions from power plants across 11 states in New England and the mid-Atlantic.

The RGGI has been a focal point in the ongoing debate about climate policy and regulatory authority in Virginia. Critics have argued that the initiative imposes unnecessary regulations on power plants, while proponents assert that it is an essential tool for reducing greenhouse gas emissions and combating climate change.

Governor Youngkin’s administration has expressed disappointment with the ruling, emphasizing their commitment to what they describe as a more business-friendly approach to environmental regulations. The court’s ruling necessitates that any attempt to withdraw from RGGI must be approved by the state legislature, thereby reinforcing the significance of legislative authority in environmental policy matters.

As the debate continues, this ruling could have lasting implications for Virginia’s environmental strategy and its commitment to respond to climate change through regulatory frameworks like the RGGI.

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