RGGI case moves forward 

CHARLOTTESVILLE, Va. — Following a hearing today, the Circuit Court of Floyd County decided that the Association of Energy Conservation Professionals has adequately pleaded its standing to challenge the state’s decision to leave the Regional Greenhouse Gas Initiative, or RGGI, and the case will proceed. 

SELC’s lawsuit against the state’s Air Pollution Control Board, the Virginia Department of Environmental Quality, and its director alleges that the parties do not have the authority to end the state’s participation in the successful carbon trading program.  

In addition to standing, today’s hearing addressed two other motions, which were reheard by the Court after a new judge was assigned to the case. Following its ruling on standing, the Court also decided that two of the Association’s claims will move forward, specifically the claims that the Air Pollution Control Board, DEQ, and its director do not have the authority to remove the state from RGGI, and that the administration didn’t support the decision with the evidence required by the Virginia Administrative Process Act.  

The Court determined that it will dismiss the Association’s remaining claim. 

Finally, the Court declined the Association’s request that the state’s action be suspended while the lawsuit is pending. Instead, the Association’s claims will proceed to the merits, with a hearing set for September 16, 2024. 

Virginia’s Air Pollution Control Board decided to remove the state from RGGI in June 2023, and SELC filed a petition on behalf of their clients challenging the action in August 2023. In a November 3, 2023 ruling, the Fairfax Circuit Court dismissed three clients and transferred the case to Floyd County, where the Association is headquartered.   

Responding to today’s decision, SELC senior attorney Nate Benforado said: 

“We are pleased with today’s decision, which allows this case to move forward and will ensure the administration’s decision to leave RGGI—which we have repeatedly alleged is unlawful—will be reviewed by a court. We look forward to the next steps in this action and will work as expeditiously as possible to get Virginia back in RGGI.”