A Virginia circuit court judge ruled on Wednesday that Gov. Glenn Youngkin, R-Va., does not have the authority to withdraw from a carbon-cap commitment without the approval of the state Legislature, The Hill reported.
Soon after taking office in 2022, Younkin announced his intention to pull the state out of the Regional Greenhouse Gas Initiative, a multistate agreement Virginia's General Assembly approved under former Gov. Ralph Northam, a Democrat. Youngkin's objections stemmed from participants having to buy allowances to offset their emissions.
Floyd County Circuit Court Judge Randall Lowe said in his five-page ruling that Youngkin’s actions were "unlawful, and thereby null and void."
"The only body with the authority to repeal the RGGI regulation would be the General Assembly," Lowe wrote. "This is because a statute, the RGGI Act, requires the RGGI regulation to exist."
Prior to Lowe's ruling, the state's Air Pollution Control Board voted 4-1 to vacate the agreement. Younkin press secretary, Christian Martinez, told the outlet that the governor's office intends to appeal the ruling.
"Gov. Youngkin remains committed to lowering the cost of living for Virginians by continuing to oppose the Regional Greenhouse Gas Initiative, which fails to effectively incentivize emission reductions in the commonwealth," Martinez said. "Instead, it functions as a regressive tax, hidden in utility bills, passed on to all Virginians."
The Virginia League of Conservation Voters, an environmental group that supports the agreement, applauded the decision.
"The end result of this illegal rollback was dirtier air, more communities left exposed to floodwaters, and fewer tools to help Virginians cut energy costs," Executive Director Michael Town wrote. "We are incredibly pleased with this ruling and hope to see Virginia rejoin RGGI as soon as possible."