RGGI case transferred to different circuit court 

CHARLOTTESVILLE, Va. — In a ruling issued on Friday, November 3, 2023, the Fairfax Circuit Court dismissed three clients–Faith Alliance for Climate Solutions, Appalachian Voices, and Virginia Interfaith Power & Light–from the Southern Environmental Law Center’s lawsuit challenging the Air Pollution Control Board’s attempt to remove Virginia from the Regional Greenhouse Gas Initiative (RGGI). The Court declined the agency’s request to dismiss the lawsuit entirely and instead transferred the case to the Circuit Court of Floyd County, where SELC’s fourth client–the Association of Energy Conservation Professionals–is based. 
 

“We are pleased that the court denied the agency’s request to dismiss this lawsuit altogether but are disappointed that three of our clients have been removed from the case,” said Nate Benforado, a senior attorney at SELC. “We continue to believe all four of our clients deserve their day in court and are considering all available options. Nevertheless, we stand by our argument that the Virgina Air Pollution Control Board, DEQ, and its director have not complied with the law, and look forward to making that argument in a different venue.” 

With the transfer, the precise timing of the next steps will be determined by the Circuit Court of Floyd County.