‘Public interest rather than ideology’: Jones takes steps to have Virginia rejoin climate change agreement

RICHMOND, Va. (WRIC) -- Less than a week after his inauguration, Virginia's new attorney general is taking steps to have the Commonwealth rejoin a multi-state agreement combating climate change. If successful, he would be undoing years of controversial work carried out by the previous Republican administration.

Virginia Attorney General Jay Jones moved to pause the state's appeal in the case of Virginia State Air Pollution Control Board, et al., v. Association of Energy Conservation Professionals, "reopening the door for Virginia to rejoin the Regional Greenhouse Gas Initiative (RGGI)," per a Friday, Jan. 23 press release from his office.

RGGI is a multi-state cooperation meant to reduce carbon dioxide emissions that harm the environment, with the goal being to combat climate change. Its members include the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont.

Under RGGI, the states participate in a carbon market that has a maximum regional limit. Energy producers within these states have to buy allowances based on emissions. Virginia, which initially joined RGGI in 2020, directed the proceeds from these allowances to climate mitigation and resilience programs.

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However, in 2022, then-governor Glenn Youngkin (R) announced that he wanted to withdraw from the agreement, citing concerns about higher energy bills for everyday Virginians.

“RGGI is a bad construct that taxes consumers without providing incentives for change to the electricity producers,” a 2022 report written by then-director of the Virginia Department of Environmental Quality (DEQ), Michael Rolband, reads.

Youngkin made several attempts to pull Virginia out of RGGI before going the regulatory route, leading to the state’s Air Pollution Control Board voting to repeal Virginia's participation in RGGI in June 2023.

Multiple environmental groups then took legal action against Youngkin, claiming that this was an overextension of the governor's powers.

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“Throughout this process, the administration has brushed aside serious questions concerning their lack of authority to take this action, and ignored the thousands of Virginians who have steadfastly opposed this misguided process,” Southern Environmental Law Center (SELC) senior attorney Nate Benforado said in a statement at the time.

In November 2024, a Floyd County Circuit Judge ruled that Youngkin's actions were indeed illegal, saying that "the only body with the authority to repeal the RGGI Regulation would be the General Assembly."

Youngkin's administration immediately announced its intent to appeal the judge's ruling, but no progress has been made in the years since.

On Saturday, Jan. 17, Youngkin left office, as did former attorney general Jason Miyares (R), with Gov. Abigail Spanberger (D) and Attorney General Jay Jones (D) taking their places, respectively.

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When delivering his final State of the Commonwealth address just a few days prior, Youngkin said he was leaving Virginia in great shape. He cautioned his successors against doing things he believed would compromise that, including participating in RGGI.

"It’s a bad deal," Youngkin said in his speech. "It doesn’t work. And it’s a regressive tax that drives up the cost of living for all Virginians."

On day one of his term, Jones announced his intent to take the steps necessary to get Virginia participating in RGGI again. His action on Friday represents some of those steps.

"This move takes steps to reverse efforts by the prior administration to illegally withdraw the Commonwealth from RGGI, a decision that eliminated critical funding for energy efficiency programs that lower energy costs, flood protections that keep communities safe and affordable housing development initiatives," Jones' office said in a press release.

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Jones added that this move is "part of a broader effort to unwind harmful policies of the prior administration and ensure Virginia’s energy decisions are grounded in affordability, evidence and the public interest rather than ideology."

“Today, the Commonwealth reopened the door for participation in RGGI, which we know lowers costs for the most vulnerable Virginians while holding industries accountable to transition to cleaner, more stable and more affordable sources of energy,” Jones said in the release. “I am proud to have taken steps to correct course and set the Commonwealth back on a path toward long-term affordability and resilience.”

It's not clear exactly what Jones' next steps will be. The 2024 decision declared Youngkin's withdrawal from RGGI was "void as a matter of law," which could mean that, in theory, Virginia never actually left RGGI. However, Jones described his action on Friday as "reopening the door," which could mean further action may be needed.

8News reached out to Jones' office for more clarity on this and has yet to hear back. An update will be provided when possible.

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Either way, Virginia Democrats have already announced their plans to introduce a budget amendment that, if approved, could speed up the state's process of rejoining RGGI.

Spanberger said she wanted Virginia to rejoin RGGI, as well, during her first address to the General Assembly as governor.