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Suit can proceed against Virginia over withdrawing from greenhouse gas initiative

The circuit court agreed the Association of Energy Conservation Professionals has standing to challenge the state's decision to withdraw from the initiative.

FLOYD COUNTY, Va. — The Circuit Court of Floyd County on Monday determined a case against the state of Virginia over its decision to leave the Regional Greenhouse Gas Initiative (RGGI) could move forward.

Following a hearing, the circuit court agreed the Association of Energy Conservation Professionals has standing to challenge the state entities' decision to withdraw from the initiative. 

RELATED: Environmental groups to take legal action against Youngkin administration for RGGI withdrawal

“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,” said Nate Benforado, senior attorney at Southern Environmental Law Center (SELC).

The lawsuit stems from Virginia's Air Pollution Control Board's move to leave the RJJI in June.

In the lawsuit, SELC claims the Virginia Air Pollution Control Board, the Virginia Department of Environmental Quality and its director doesn't hold the authority to decide if the state withdraws from the initiative.

Meanwhile, the circuit court said it is considering the Association's request to suspend the state's action while the lawsuit is pending.

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