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Environmental groups sue Virginia governor over RGGI.

A​ Virginia-based law firm ‌has taken legal action against Gov. Glenn Youngkin’s⁢ administration for‍ withdrawing from the Regional Greenhouse Gas Initiative ⁤(RGGI).

The Southern Environmental Law Center (SELC) has‌ filed a petition challenging the Youngkin administration’s decision ‌to withdraw Virginia from the RGGI. The petition represents the Association of Energy Conservation Professionals, Virginia Interfaith Power and ⁤Light, Appalachian Voices, and Faith ‍Alliance for Climate Solutions.

The petition argues that the state Air Pollution Control Board and the Virginia Department‍ of Environmental Quality ⁤do not⁢ have⁣ the authority ⁣to end the state’s participation ⁣in the carbon trading program.

The groups argue that Virginians⁤ will lose money afforded ⁢to them by the RGGI, which currently allows them to access disaster relief funds for home repairs.

“The weatherization⁤ and flood preparedness‌ funds created due to our participation‍ in RGGI were ⁣sound and practical solutions to stabilize Virginia’s economy in the ⁤face ⁤of rising energy costs, sea levels, temperatures, and​ severe weather conditions. RGGI​ is working for Virginia, and ⁢Virginians know it,” said the ⁤Rev. Faith Harris, executive ⁢director at​ Virginia Interfaith Power & Light in a press ‌statement.

RGGI a ⁤’Direct Tax’ on‍ Households

In July, when Virginia first withdrew from⁣ RGGI, Mr. Youngkin praised Virginia’s Air Pollution Control Board decision.

“Today’s commonsense ⁣decision by the Air Board to repeal RGGI protects Virginians from‍ the failed program ‍that is not⁤ only a regressive tax on‌ families and businesses⁢ across the ‌Commonwealth but also does nothing to reduce pollution,” he ‌said‍ in⁣ a⁤ statement.

Mr. Youngkin‍ said the RGGI⁤ fees⁣ that power companies paid⁢ to purchase carbon offsets were ultimately passed down to their customers as a tax.

“Funds collected by the sale of these offsets ⁤are ⁢spent on Virginia government programs.⁤ Participation in RGGI is in ⁢effect a direct ‍tax on all ⁣households and businesses, and there is a‍ zero incentive for power⁢ producers to reduce carbon ⁤emissions,” the governor’s office said.

Virginia joined RGGI in 2020 after the Democrat-controlled General Assembly authorized⁣ legislation to do so, including the Virginia⁢ Clean ⁢Economy Act and⁤ the Clean Energy and Community ⁣Flood Preparedness Act.

The General Assembly voted 53–45 in favor of participating in⁣ RGGI.

The program has been implemented‍ in⁤ 12⁣ eastern states and sets a regional limit on carbon‍ dioxide (CO2) emissions from power plants. Each power plant has to pay for each ton ⁢of ⁣CO2‍ it emits at quarterly auctions.

Proponents of RGGI ⁣say it helps to lower CO2, improve air quality, and sends ​half of ‍the ⁤money⁢ from the auctions to benefit Virginia’s residents⁤ via the Community Flood⁣ Preparedness Fund, which supports resilience efforts in Virginia.

According to a 2023 RGGI report (pdf), in ⁣calendar year 2021, the Virginia Department⁣ of Housing⁣ and Community Development invested $42.4 ​million in ​quarterly auction proceeds ⁤energy efficiency programs: $15.2 million for​ the Weatherization Deferral Repair⁢ Program and $27.2 million for the Affordable Special Needs Housing Program.

Typical ‌repairs⁣ performed through⁣ weatherization repair program⁢ include roof replacements or repairs; heating, ⁣ventilating, ⁣and air conditioning (HVAC) system replacements or repairs;⁣ and structural repairs, often related to ​water ​damage.

Incorrect Procedure

SELC lawyers say if the Youngkin administration wanted to end RGGI, it



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