Description: Challenge to Virginia regulation withdrawing the state from the Regional Greenhouse Gas Initiative.
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Association of Energy Conservation Professionals v. Virginia State Air Pollution Control Board
Case Documents:
Filing Date Type File Action Taken Summary 02/05/2024 Press Release Motion to dismiss granted in part and denied in part. Virginia Court Said Lawsuit Challenging State’s Decision to Leave RGGI Could Proceed. Southern Environmental Law Center (SELC) announced that a Virginia Circuit Court had concluded that the Association of Energy Conservation Professionals had standing to challenge Virginia’s decision to remove the state from the Regional Greenhouse Gas Initiative (RGGI). SELC reported that the court would allow two claims to move forward: (1) a challenge to Virginia agencies’ authority to remove the state from RGGI and (2) a claim that the decision was not supported with the evidence required by the Virginia Administrative Process Act. The court dismissed a third claim and said it would take under advisement the request for suspension of the state’s action while the lawsuit is pending. -
Association of Energy Conservation Professionals v. Virginia State Air Pollution Control Board
Case Documents:
Filing Date Type File Action Taken Summary 11/03/2023 Opinion Download Motion to dismiss for lack of standing granted in part and denied in part and motion to transfer venue granted as to remaining petitioner. Virginia Court Transferred RGGI Repeal Challenge to Different County. In a lawsuit challenging the Virginia State Air Pollution Control Board’s repeal of regulations regarding Virginia’s participation in the Regional Greenhouse Gas Initiative (RGGI), a Virginia Circuit Court in Fairfax County concluded that the only Fairfax County-based petitioner did not have constitutional or statutory standing and that the County therefore was not the proper venue for the suit. RGGI is a multistate market-based program to reduce greenhouse gas emissions from power plants. The court found that Faith Alliance for Climate Solutions, the Fairfax County-based petitioner, and two other petitioners lacked constitutional standing because they asserted only “generalized grievances concerning a world-wide issue” (i.e., climate change, air pollution, and a transition to renewable energy). Similarly, the court found that the three petitioners did not satisfy the “affected by” standard for statutory standing under the Virginia Administrative Procedures Act. The court transferred the appeal to the Circuit Court of Floyd County, for a determination of whether a fourth petitioner had standing. That petitioner, the Association of Energy Conservation Professionals, alleged that the RGGI repeal would disrupt its members’ businesses and impede weatherization projects funded by RGGI. 10/27/2023 Not Available Oral argument held. On October 27, 2023, the court heard oral arguments. The Virginia Mercury reported that the issues discussed included whether the plaintiffs had demonstrated a harm and whether the case should be transferred to another venue. 08/21/2023 Petition Download Petition for appeal filed. Lawsuit Challenged Virginia’s Withdrawal from Regional Greenhouse Gas Initiative. Four petitioners challenged a Virginia State Air Pollution Control Board (Board) rule that withdrew Virginia from the Regional Greenhouse Gas Initiative (RGGI), a regional cap-and-trade program that reduces carbon dioxide emissions from power plants. The petitioners were a trade association for energy conservation professionals, a nonprofit corporation with a mission “to reduce reliance on fossil fuels and transition to a clean energy economy in a way that is beneficial and fair to Appalachian communities,” “a not-for-profit corporation comprised of congregations and persons involved in faith communities across Virginia” with a mission to “advocate for solutions to climate change with a key focus on environmental and social justice,” and a nonprofit corporation composed of “over 200 faith communities and over 2,800 people of faith” whose mission includes “develop[ing] local solutions to the climate crisis by sounding an ethical and spiritual call to address climate change.” The petitioners asserted that the Board and other respondents exceeded their delegated authority under the “2020 RGGI Act” (the Clean Energy and Community Flood Preparedness Act), which the petitioners alleged required Virginia’s participation in RGGI. In addition, they argued that the respondents exceeded their statutory authority and contravened state law by justifying the withdrawal from RGGI as necessary to reduce utility costs. They also contended that the respondents acted without sufficient evidentiary support in violation of the Virginia Administrative Process Act.