Virginia to stay out of RGGI while state appeals

CHARLOTTESVILLE, Va. — Following a hearing yesterday, the Circuit Court of Floyd County granted a request by Virginia’s Air Pollution Control Board, the Virginia Department of Environmental Quality, and its director, to suspend the court’s earlier judgment against the state. 

In November, the court ruled that the regulatory action removing Virginia from the Regional Greenhouse Gas Initiative was unlawful. The Court also confirmed the Association of Energy Conservation Professionals’ (AECP) standing to bring the case. The Attorney General’s office then filed a request with the court to stay or suspend the judgment while the state appeals the ruling. At the hearing, the court denied part of the Attorney General’s motion but granted their request to post a bond, which will suspend execution of the court’s prior judgment.

“We’re disappointed to find ourselves at this point despite the November ruling,” said Chase Counts, AECP’s executive director. “We, and a great number of other Virginians, see the benefits of being part of RGGI and want to be back in the program,” he said.

SELC is representing the AECP in the case.

“This may be a long battle, but we are ready for it,” said SELC Senior Attorney Nate Benforado. “Virginia should get back in RGGI. The state’s unlawful removal is already harming its clean energy transition and putting the most vulnerable communities at even more risk.”