Response to Democratic Leader Toscano’s Request Confirms Legal Authority
David J. Toscano (D-57), Democratic Leader of the Virginia House of Delegates, today issued the following statement:
In March, when a climate change denier was confirmed as the head of the US EPA, I wrote to Virginia Attorney General Mark Herring for an official opinion about existing state law or authority to address carbon pollution and emission of greenhouse gases (GHG). My request particularly highlighted the Virginia State Air Pollution Control Board.
Today, the Attorney General issued a very significant opinion, concluding that the Air Pollution Control Board ‘is legally authorized to regulate GHG emissions, including establishing a statewide cap on GHG emissions for all new and existing fossil fuel electric generating plants.’ This is a huge development in the fight to mitigate further climate change, which the Trump administration in Washington has pushed off to the states.”
The Attorney General’s Opinion, Number 17-010, is available here.