A judge in Floyd County released his opinion November 20 stating that Virginia unlawfully withdrew from the Regional Greenhouse Gas Initiative (RGGI), a multi-state carbon emission reduction program that also provided much needed funding for energy efficiency and resilience programs in the Commonwealth.
In 2023, the Southern Environmental Law Center (SELC) filed a lawsuit challenging Virginia Gov. Glenn Youngkin’s repeal of regulations that govern Virginia’s participation in RGGI. Ahead of a February 5 court hearing, the Chesapeake Bay Foundation filed a supporting brief arguing for Virginia’s continued participation in RGGI.
In its amicus curiae brief, CBF emphasized the importance of RGGI. Proceeds from the program provided consistent and dedicated funding to flood prevention projects that prioritize nature-based resiliency solutions from the Eastern Shore to southwest Virginia. These projects can reduce pollution to waterways while alleviating flooding.
Virginia joined RGGI in 2020 through legislation passed in the General Assembly. The program, implemented in 12 Eastern states, sets a regional limit on carbon dioxide emissions from power plants. The emissions cap lowers over time, leading to cleaner air and less pollution to waterways while reducing emissions that contribute to climate change.
Over 85 million pounds of nitrogen—about one-third of the Bay’s total yearly load—reach the Chesapeake Bay through airborne pollution from fuel-burning vehicles and power plants. Once it reaches the Bay, nitrogen fuels algal bloom growth. As the algae dies, oxygen in the water is depleted, creating “dead zones” in the Bay. Curbing carbon dioxide emissions through RGGI also helps reduce the amount of nitrogen pollution reaching the Bay.
Chesapeake Bay Foundation Virginia Staff Attorney Patrick Fanning issued the following statement:
“This decision marks a huge victory for Virginians and the rule of law. The Court’s opinion makes clear that Virginia law requires RGGI participation. We look forward to Virginia’s return to RGGI, which will help reduce harmful carbon dioxide emissions from power plants and will also restore the only dedicated funding source for flood resilience in the Commonwealth.
“We are grateful to the Southern Environmental Law Center for leading the fight to protect a program that strengthens our communities’ resilience to extreme weather while driving pollution reduction to the Chesapeake Bay.”
Virginia Communications & Media Relations Manager, CBF
[email protected]
804-258-1567
