Regional Greenhouse Gas Initiative (RGGI) Defense

The Regional Greenhouse Gas Initiative (RGGI)

The Regional Greenhouse Gas Initiative (RGGI) is a market-based, cooperative cap-and-trade program involving multiple states in the Northeastern and Mid-Atlantic United States, aimed at reducing greenhouse gas emissions from the power sector. Established in 2009, RGGI operates by setting a regional cap on carbon dioxide (CO2) emissions, which declines over time. Power plants within the participating states are required to purchase allowances at auction for each ton of CO2 they emit, creating a financial incentive to reduce emissions. The proceeds from these auctions are typically reinvested in energy efficiency, renewable energy projects, and climate resilience initiatives, thereby not only driving emissions reductions but also fostering economic and environmental co-benefits. RGGI has been recognized as a model for effective climate policy, demonstrating how cooperative regional efforts can address climate change while supporting economic growth and public health.

Virginia’s Participation in RGGI: The Clean Energy and Community Flood Preparedness Act of 2020

Governor Ralph Northam announces the Clean Energy and Community Flood Preparedness Act of 2020.

Virginia’s Clean Energy and Community Flood Preparedness Act of 2020 mandates the Commonwealth's participation in the Regional Greenhouse Gas Initiative (RGGI) as part of its broader strategy to reduce carbon emissions and enhance climate resilience.

The Act stipulates that 50% of the proceeds be allocated to low-income energy efficiency programs, and 45% into the Community Flood Preparedness Fund (CFPF). This fund is dedicated to supporting flood resilience projects across Virginia, particularly in communities most vulnerable to the impacts of climate change.

The CFPF has become a critical resource for local governments and organizations seeking to implement flood mitigation, stormwater management, and other resilience measures, with the goal of protecting both people and property from increasing flood risks.

Virginia’s Community Flood Preparedness Fund (CFPF)

The CFPF is a pivotal element of the Commonwealth’s broader strategy to mitigate these growing climate threats, providing essential financial resources to support local and regional efforts in flood risk management and climate adaptation. The fund is designed to address the diverse and evolving needs of Virginia's communities as they confront the challenges posed by a changing climate.

The projects funded by the CFPF encompass a wide range of activities, including the development and implementation of comprehensive flood mitigation plans, the construction of flood protection infrastructure, and the retrofitting of existing structures to withstand future flood events. The fund is administered by the Virginia Department of Conservation and Recreation (DCR), which evaluates project proposals to ensure alignment with state and local resilience goals.

A distinctive feature of the CFPF is its strong emphasis on nature-based solutions and the integration of environmental justice principles. The fund encourages the use of natural and nature-based features—such as wetlands restoration, living shorelines, and other living infrastructure—to manage flood risks sustainably while enhancing ecological health. Additionally, the CFPF prioritizes projects that benefit socially vulnerable and historically underserved communities, ensuring that those most at risk from flooding hazards receive adequate protection. Through its progressive approach, the CFPF aligns financial resources with long-term resilience planning, emphasizing equity and sustainability in Virginia’s response to climate change.

For more information on the CFPF, please visit our Community Flood Preparedness Fund homepage.

Youngkin’s Unilateral Withdrawal from RGGI

Governor Glenn Youngkin announced his intention to withdraw Virginia from the Regional Greenhouse Gas Initiative (RGGI) in 2021 shortly after taking office. The process began when Governor Youngkin directed the Virginia Department of Environmental Quality (DEQ) to take steps toward exiting the program. In response, the DEQ proposed an emergency regulatory action to repeal the existing regulation that required Virginia's energy companies to participate in RGGI. This proposal was then brought before the Air Pollution Control Board, which voted in favor of advancing the repeal process in December of 2022.

The measure passed, with the four new members appointed by Youngkin voting for the proposal, and the remaining three, against it.

Virginia’s official withdrawal from RGGI was completed on July 31, 2024.

Controversy

Executive Action vs. Legislative Mandate

The central legal issue surrounding Governor Youngkin's withdrawal from RGGI is whether the governor has the unilateral authority to remove Virginia from the program given that the state’s participation was established through legislation. Critics of the withdrawal, including members of Virginia’s General Assembly, legal scholars, and environmental advocates, contend that the governor's actions exceed executive authority.

Please see the September 8, 2022 letter to the Virginia Air Pollution Control Board, signed by 61 Virginia legislators .

They argue that since the General Assembly explicitly mandated participation in RGGI through legislation, only the legislature has the authority to repeal or amend that mandate. According to this perspective, any attempt to withdraw from RGGI without legislative approval could be viewed as an overreach of executive power and a violation of the separation of powers principle.

This is the view of Wetlands Watch.

Violation of Standard Administrative Process

Another legal consideration involves the administrative process required for Virginia's withdrawal from RGGI. The state's entry into RGGI involved a formal rulemaking process conducted by the Virginia Department of Environmental Quality (DEQ), including public notice, comment periods, and adherence to the Virginia Administrative Process Act. Critics argue that withdrawal from RGGI requires a similar process which includes public hearings, and failure to follow these procedural requirements constitute improper administrative procedure.

This is the view of Wetlands Watch.

Conclusions

We believe that Governor Youngkin’s unilateral withdrawal from RGGI undermines state law and the legislative intent behind the Clean Energy and Community Flood Preparedness Act (2020). We believe that such actions not only undermine established statutory processes, but undermine the balance of power between the executive and legislative branches as outlined in the Virginia Constitution.

Further Reading

Please see the Director’s Blog Post “Keep Virginia in RGGI!” for more details.

Talking Points

Timeline: Youngkin’s Removal from RGGI

The graphics above outlines the Youngkin administration’s timeline to remove VA from RGGI.

On August 31st, acting Secretary of Natural and Historical Resources, Travis Voyles, announced the Youngkin Administration’s intent to remove Virginia from the Regional Greenhouse Gas Initiative.

The first comment period closed on October 26th, 2022. You can view all of the comments submitted here.

The second 60-day public comment period opened on January 30th, 2023 and closed March 31st, 2023.

The Air Pollution Control Board met on Wednesday, June 7th to vote on the final regulation to repeal RGGI. The Board voted 4-3 in favor of the regulation to repeal RGGI. A recording of the meeting can be viewed here.

The 60-day comment period on the regulation was open from July 31st, 2023 to August 30th, 2023. You can view submitted comments here.

Read Wetlands Watch’s Comment Letter here.