Government withdraws appeal of RGGI lawsuit in Virginia

CHARLOTTESVILLE, Va. — On Tuesday, the Virginia State Air Pollution Control Board, Virginia Department of Environmental Quality, and its director withdrew their appeal of a court order striking down the Youngkin Administration’s removal of Virginia from the Regional Greenhouse Gas Initiative (known as “RGGI”). The Virginia Court of Appeals acknowledged the withdrawal today.

In November 2024, the Circuit Court of Floyd County ruled in favor of the Association of Energy Conservation Professionals, holding that the regulatory action removing Virginia from RGGI was unlawful. The state appealed the circuit court’s ruling and was permitted to suspend the judgment during the appeal, meaning the state has remained out of RGGI while the appeal has proceeded. 

Returning Virginia to RGGI has been a priority for both Governor Abigail Spanberger and Attorney General Jay Jones. With the appeal now withdrawn, and expedited authority granted to the state through a recently enacted bill, Virginia is well on its way to rejoining RGGI. 

RGGI offers several important benefits. Emissions decreased 22% during the years Virginia was in RGGI and increased by 31% during the unlawful withdrawal. In addition to improving air quality and public health, reducing reliance on fossil fuels will make electricity more affordable by shielding customers from the volatile prices of fossil fuel resources. Virginia’s participation in RGGI also generated $827 million in critical funding for low-income energy efficiency and flood resilience projects across Virginia.

“We have known from the beginning that the prior administration’s actions were unlawful. We are thrilled to see this lawsuit come to a successful close,” said Chase Counts, the Association of Energy Conservation Professionals’ (AECP) executive director. “We look forward to Virginia’s re-entry into RGGI and to renewing our work helping communities across Virginia reap the benefits of RGGI.”

SELC represented the AECP in the case.

“RGGI is critical to Virginia’s affordable, clean energy future,” said SELC Senior Attorney Nate Benforado. “Virginians are the real winners here. Through participation in RGGI, we’ll see cleaner air and healthier communities, while generating steady proceeds to help communities fight flooding and struggling families slash their energy bills.”