Monday, April 18, the Roanoke Times published the below op-ed urging unity on climate action in the General Assembly. Unfortunately, strong action on climate change was one of the more divisive, partisan issues in the legislature this year – a reality reflective of the current debate in our nation’s capitol.
It’s time to come together on climate action
By Michael Town
Climate change impacts every portion of Virginia, from farm operations in the Shenandoah Valley to the world’s largest naval base in Hampton Roads. Regular flooding, drought, extreme and unpredictable weather events, increasing threats to public health and wellbeing – these are only a few of the dangerous effects of a warming world, and they will only get worse if we don’t take action.
This is why clean air advocates have lauded the Clean Power Plan, our nation’s boldest strategy to date to reduce climate-disrupting greenhouse gas emissions from the energy sector by setting flexible, state-specific targets. In Virginia, this means cutting harmful carbon pollution from power plants while transitioning to a more efficient, clean energy economy, a shift that will protect public health and safety while also creating 21st-century jobs in the Commonwealth.
Unfortunately, Republicans in the General Assembly remain determined to do everything they can to block progress on climate change, and the economic and public health benefits that come with taking action, by standing in the way of making the CPP a reality in Virginia.
This effort is grounded in partisan politics. It’s not about protecting ratepayers or jobs in the coalfields. It’s not a challenge to the established science behind climate. Virginia Republicans are just following the lead of extremists in their party and those in Congress by trying to dismantle another signature initiative of President Obama’s simply because it has his fingerprints on it.
This crusade began with House Bill 2, which would have required General Assembly approval of Virginia’s CPP implementation strategy prior to its submittal to the federal Environmental Protection Agency.
Not only was this legislation a recipe for gridlock and a stalling tactic aimed at dragging this issue out for the remainder of Gov. Terry McAuliffe’s term, HB 2 and its Senate companion, SB 21, set a dangerous precedent by elevating the legislature to the role of regulatory agency and diminishing authority that has historically and constitutionally rested with the Executive Branch and its agencies to develop proposals to comply with federal rules and standards.
Though these bills passed through both chambers on party-line votes, Governor Terry McAuliffe correctly vetoed them on constitutional grounds. His veto of SB 21 was subsequently upheld by a comfortable margin and the House version is destined for the same fate when the legislature reconvenes Wednesday.
Faced with this reality, House obstructionists looked to the budget to further their partisan agenda. Enter budget item #369 1c, which prevents the Department of Environmental Quality from preparing or submitting to EPA a state CPP implementation plan while the U.S. Supreme Court “stay” of the plan remains in effect.
Instead of vetoing this amendment outright, a path that could have led to a fight in the courts on constitutional grounds (though it would have secured the requisite number of votes in the legislature to stand), McAuliffe amended it to allow DEQ to continue its work. Legislators should support the Governor’s amendment today to ensure our state continues developing a path forward that benefits the Commonwealth.
Never before have we come this close to a long-term, comprehensive solution to the growing crisis of climate change and Virginia is already well on its way to drafting an implementation plan.
Though the Supreme Court stay prevents state plans from taking effect until a challenge in the courts is resolved, it does not restrict states from working on a plan. In fact, the 2022 deadline for utilities to begin compliance could remain unchanged. This is perhaps why our biggest electricity utility wrote a “friend-of-the-court” brief undercutting many of the plaintiffs’ arguments against the CPP – it’s in their best interest to begin compliance planning now, not a year or two down the road.
There is also strong legal precedent to conclude the CPP will survive its legal challenge and go forward. Rulings in 2007, 2011 and 2014 have all upheld EPA’s authority to regulate carbon pollution under the federal Clean Air Act.
So, at best, if House Republicans’ budget amendment passes as-is, it’ll only serve to delay Virginia’s planning for and not compliance with the CPP. Additionally, it does nothing to prevent state agencies or personnel outside of the DEQ to work on a compliance strategy or another carbon reduction or climate action plan aside from the CPP for the duration of the stay.
On a variety of other environmental issues, from water quality to land conservation, Republicans have set aside partisanship to do what’s right for Virginia. It’s time for them to do the same thing when it comes to climate change.
The benefits of taking action are too great to be dragging our feet.
Town is executive director of the Richmond-based Virginia League of Conservation Voters. Contact him at mtown@valcv.org.