This story was reported and written by Radio IQ.
A case involving the Regional Greenhouse Gas Initiative was debated in circuit court Monday in Montgomery County. Virginia’s Air Pollution Board voted to pull out of the program last June. Plaintiffs argued the move inflicted economic harm to conservation groups that help low-income residents weatherize their homes.
Virginia joined the Regional Greenhouse Gas Initiative in 2020; the first southern state to do so. The program is meant to incentivize electric companies to use renewable energy, but opponents, including Governor Glenn Youngkin, argue it puts the cost burden on ratepayers. 11 other states are part of the program, which is commonly referred to as “reggie”.
“The RGGI regulation doesn’t ban fossil fuels, but it says if you burn fossil fuels, and you generate carbon dioxide, [electric companies] have an allowance for every ton of carbon dioxide,” said Nate Benforado, an attorney at the Southern Environmental Law Center, which is representing the Association of Energy Conservation Professionals. The association claims that when the Virginia Air Pollution Control Board and Department of Environmental Quality pulled the state out of RGGI, the agencies did so illegally. They say their group lost out on funding to pay to help low-income residents weatherize their homes and reduce their energy bills, Benforado said.
Funds generated through RGGI also went into a fund to help pay for flood mitigation. Scientists predict that with climate change, parts of Virginia could see more flooding as a result of sea-level rise, land subsidence and the increased risk of flash flooding.
The association is asking the court to rule the state’s decision to leave RGGI “null and void,” which would essentially bring Virginia back into the program.
A lawyer with the Attorney General's Office argued that the plaintiff’s claims are unfounded.
Circuit court judge Randall Lowe did not rule on the case immediately, but said he hopes to make a decision within 30 days.
