Good news from VA Speaker Don Scott’s office – a court strikes down Glenn Youngkin’s wild lawlessness, in this case his attempt to “unilaterally withdraw Virginia from the Regional Greenhouse Gas Initiative (RGGI)”:
Court Strikes Down Governor Youngkin’s Attempt to Illegally Withdraw Virginia from RGGI
Richmond, VA – In a landmark decision, the Twenty-Seventh Judicial Circuit of Virginia has declared Governor Youngkin’s attempt to unilaterally withdraw Virginia from the Regional Greenhouse Gas Initiative (RGGI) unlawful.
The Clean Energy and Community Flood Preparedness Act, which included RGGI, was passed by the General Assembly and signed into law in 2020. After taking office, Governor Youngkin signed Executive Order 9 in January 2022 to direct the Department of Environmental Quality to start the process of removing Virginia from RGGI, which they did in 2023.
Today the court’s ruling affirms that such a decision rests solely with the General Assembly and cannot be executed through executive action. This victory ensures continued support for programs that protect Virginians from the devastating effects of climate change.
“This is not only a win for every Virginian who has faced the devastating impact of severe flooding, but a win for all Virginians, their wallets, and our environment,” said Speaker Don Scott. “Programs funded by RGGI have helped Virginians cut household energy costs, helped protect communities from floodwaters, and have been critical in the fight to cut pollution and address climate change. Today’s decision saves hardworking Virginians money by ensuring the resources generated by RGGI are used to protect our communities. Governor Youngkin’s reckless attempt to undermine this critical program has been rightfully stopped, and we remain committed to building an affordable and more sustainable future for all.”
“The court’s decision is a resounding victory for Virginia’s families,” said House Democratic Leader Charniele Herring. “I was proud to carry this bill in 2020 and since then the RGGI program has helped protect countless Virginians from recurrent flooding, lowered energy bills through low-income energy efficiency programs, and fortified our communities against extreme weather events. We are proud to stand with every Virginian who benefits from this initiative and will continue fighting to ensure these protections remain intact.”
The court’s ruling specifically noted that the General Assembly, not the Governor, holds the authority to legislate on participation in programs like RGGI.
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Senate Democrats Respond to Landmark Court Victory: Youngkin’s RGGI Exit Ruled Unlawful
RICHMOND – A Virginia Circuit Court judge ruled today that Governor Youngkin’s administration violated state law by unilaterally withdrawing the Commonwealth from the Regional Greenhouse Gas Initiative (RGGI). The court’s decision affirms that the administration’s December 2023 withdrawal was unlawful, as Virginia’s participation in RGGI was explicitly mandated by legislation enacted in 2020.
During Virginia’s participation in RGGI, the program generated more than $830 million in revenue dedicated to flood resilience and energy efficiency programs while achieving a 20% reduction in power plant emissions. Since the administration’s unauthorized withdrawal, Virginia has seen power plant pollution return to pre-RGGI levels, while critical flooding prevention projects and energy assistance programs for vulnerable communities have gone unfunded. The Virginia Senate Democratic Caucus has issued the following statement:
“Today’s ruling represents a decisive victory for Virginia and the rule of law. RGGI proved to be an invaluable tool in our fight against the climate crisis, providing critical resources to protect communities from flooding and extreme weather, reduce household energy costs, and deliver environmental justice to communities historically burdened by air pollution. The Youngkin administration’s unlawful actions have resulted in dirtier air, left our communities vulnerable to climate disasters without proper resources, and stripped Virginians of vital assistance for reducing their energy costs.
We are gratified by this ruling, which unequivocally affirms that RGGI is law. This decision sends a clear message to Governor Youngkin that no one – not even the Executive Branch – stands above the law. When legislation is enacted, it becomes binding on all of us, including the Governor. Virginia’s system of checks and balances exists precisely to prevent unilateral actions that disregard legislative authority. We expect Virginia’s immediate return to RGGI compliance, restoring these crucial protections and resources to our communities.”
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SENATE MAJORITY LEADER SCOTT SUROVELL’S STATEMENT ON RGGI COURT VICTORY
Richmond, Virginia – Today, a Virginia Circuit Court ruled that Governor Youngkin’s action to withdraw the Commonwealth of Virginia from the Regional Greenhouse Gas Initiative (RGGI) was unlawful. Virginia joined RGGI by action of the General Assembly, and today’s ruling affirms that only the state legislature has the authority to reverse its actions. RGGI programs brought millions of dollars into Virginia to increase energy efficiency and storm resiliency efforts and address climate change.
Majority Leader Scott Surovell (D – Fairfax County) said: “I am pleased that the court has found that Governor Youngkin acted illegally and Attorney General Miyares did not interpret the law correctly. Unfortunately, his decision has now cost Virginians over $200 million dollars of funds that could have been appropriated in the last two years to protect the Commonwealth against flood damage like what just happened in Southwest Virginia because of Hurricane Helene.”
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Senator Scott A. Surovell has represented parts of Fairfax County since 2015. He has served as Majority Leader of the Senate since 2023. Prior to his time in the Senate, Surovell served six years in the House of Delegates. Surovell lives in Mt. Vernon with his wife and four children. He practices law and has dedicated his legislative career to fighting for Northern Virginia’s fair share, protecting consumers, and preserving our environment for future generations.
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