Virginia can’t be pulled out of RGGI 

Court rules that the Virginia State Air Pollution Control Board, Virginia Department of Environmental Quality, and its director lack authority to remove the state from RGGI 

CHARLOTTESVILLE, Va. — Today, the Circuit Court of Floyd County ruled that the regulatory action removing Virginia from the Regional Greenhouse Gas Initiative was “unlawful and without effect.” The court explained that the “only body with the authority to repeal the RGGI Regulation would be the General Assembly . . . because a statute, the RGGI Act, requires the RGGI Regulation to exist.”  

The Court also confirmed the Association of Energy Conservation Professionals’ standing to bring the case. 

The decision comes after the Virginia State Air Pollution Control Board, Department of Environmental Quality, and its director, removed the state from RGGI in June 2023. SELC filed a petition on behalf of four clients challenging the action in August 2023. In a November 3, 2023, ruling, the Fairfax Circuit Court dismissed three clients and transferred the case to Floyd County, where the Association of Energy Conservation Professionals is headquartered.    

Responding to today’s decision, Billy Weitzenfeld, former executive director of the Association, and Chase Counts, current executive director of the Association, both say this is a win for the organization’s membership and Virginia communities. 

“All along we knew that the actions taken by the Air Board and DEQ were wrong. This is a win for communities across Virginia who have benefited from the state’s participation in RGGI in the past and those that now will have a chance to continue to see those benefits,” Weitzenfeld said. 

SELC senior attorney Nate Benforado said, “Today the Court confirmed that the Air Board, DEQ, and its director unlawfully removed Virginia from RGGI. The law requires RGGI and Virginians deserve RGGI. We hope that following the ruling, Virginia will get back into this statutorily-required program as quickly as possible.”