Judge rules Youngkin administration can't pull Virginia out of greenhouse gas agreement

A Virginia court ruled Wednesday that Gov. Glenn Youngkin’s (R) administration cannot withdraw from an interstate carbon emission-capping compact without approval from the state Legislature.

Shortly after taking office in 2022, Youngkin announced plans to withdraw Virginia from the Regional Greenhouse Gas Initiative (RGGI), a multistate agreement the state General Assembly voted to enter under his Democratic predecessor, Ralph Northam. Youngkin argued the initiative, which requires participants to buy allowances to offset their emissions, passed increased utility costs onto ratepayers.

After the Legislature voted down multiple Youngkin-backed bills to withdraw, the State Air Pollution Control Board — which has a majority of Youngkin appointees — voted 4-1 to exit the agreement. However, in a five-page decision Tuesday, Floyd County Circuit Court Judge Randall Lowe declared the action “unlawful, and thereby null and void.”

“[T]he only body with the authority to repeal the RGGI regulation would be the General Assembly,” Lowe wrote. “This is because a statute, the RGGI Act, requires the RGGI regulation to exist.”

Youngkin press secretary Christian Martinez said in a statement to The Hill that the governor’s office intends to appeal the 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,” Martinez said. “Instead, it functions as a regressive tax, hidden in utility bills, passed on to all Virginians.”

The Virginia League of Conservation Voters, which has consistently opposed Youngkin’s push to exit the agreement, praised the decision in a statement Tuesday.

“The end result of this illegal rollback was dirtier air, more communities left exposed to floodwaters, and fewer tools to help Virginians cut energy costs,” Executive Director Michael Town wrote.

“We are incredibly pleased with this ruling and hope to see Virginia rejoin RGGI as soon as possible," he added.