This article was reprinted with permission from .听
Joining 23 conservative-led states鈥� efforts, Virginia Attorney General Jason Miyares has to new federal rules designed to advance emission reductions and address what scientists say is causing extreme weather events.
Miyares has challenged several rules, including the U.S. Environmental Protection Agency鈥檚 regulations for and tailpipes, and meat and poultry .
The crux of Miyares鈥� arguments in all of the legal challenges to the new emissions rules has been to combat what his office characterized as federal government overreach, which spokesperson Chloe Smith said is 鈥渁 core function of state attorney general offices.鈥�
Though Virginia follows the tailpipe emissions for passenger vehicles set by California, the different federal rules would have a 鈥渘ationwide effect, including in Virginia,鈥� on American power grids, the supply chain and consumer demand, Smith said.
President Joe Biden鈥檚 administration has rolled out the various rules as part of his agenda that has included record amounts of funding for renewable energy deployment through the Inflation Reduction Act and environmental improvement projects through the Bipartisan Infrastructure Law. The new emissions standards 鈥� and Miyares鈥� actions concerning them 鈥� have met with mixed reactions in Virginia from environmental groups, the trucking industry and electric utilities.
Heavy truck rule
The latest suit over the heavy truck rule is one that could apply to Virginia, since the state defaults to following the federal government for those tailpipe emissions standards while聽 following California鈥檚 passenger car emissions rules.
Because of smog issues California faced, that state was granted an exception to the Clean Air Act to enforce stricter tailpipe emission regulations. No other state uses that exception,聽 which prevents car manufacturers from having to make more than two different types of vehicles to meet additional standards.
Though not as stringent as California, the federal passenger car emissions rules are said to lead to greater public adoption of electric vehicles, which the federal heavy truck mirrors.
The Southern Environmental Law Center and other have been lauding the work from Biden 鈥� though they鈥檇 like to see previously drafted and more stringent rules around tractor trailers, or heavy trucks, get adopted 鈥� while expressing disappointment in Miyares鈥� actions.
鈥淚t鈥檚 very disappointing that the attorney general has joined [challenges to the rules], which will have an outsized impact on climate pollution that are not only harming the earth but also our health,鈥� said Trip Pollard, a senior attorney with the SELC. 鈥淚 can鈥檛 say I鈥檓 too surprised.鈥�
Pollard, a leading backer of reducing car emissions, stands by the heavy truck rule because those pollutants from the transportation sector are the state and country鈥檚 largest source of greenhouse emissions that are warming the planet, leading to more frequent and severe flooding and fire events.
鈥淭here absolutely are legitimate concerns and we just need to be sure to address those concerns,鈥� Pollard said, referencing failed attempts this past to build out EV charging infrastructure in rural areas.
Conversely, the Virginia Trucking Association has said the new federal heavy truck rules are 鈥渦nrealistic,鈥� because of the cost to implement the changes and charging demands they say are put on truckers, and support Miyares鈥� pushback against them.
鈥淲e certainly appreciate their effort to stop this rule,鈥� said Dale Bennett, president & CEO of the Virginia Trucking Association. 鈥淟et鈥檚 take a look at trying to get something that鈥檚 realistic and technology neutral.鈥�
Bennett and the trucking industry鈥檚 opposition stems from the increased cost the rules will put on the industry that will trickle down to consumers, Bennett said, and could even lead to trucking companies buying vehicles now before needing to buy 2027 to 2032 model year trucks that will need to comply with the federal rules.
鈥淥perationally how do you operate them if there鈥檚 no charging infrastructure?鈥� Bennett said.
Virginia is home to a Volvo plant in Dublin that has committed to fossil fuel-free vehicles. There鈥檚 also Mack Trucks, which recently in Roanoke County.
鈥淭he Volvo Group is completely aligned with EPA鈥檚 objective of speeding the transition to zero-emission vehicles (ZEVs),鈥� said Jonathan Miller, senior vice president of public affairs for Volvo Group North America, in a statement. 鈥淐ustomers won鈥檛 buy ZEVs unless they鈥檙e confident they have access to charging, which neither [manufacturers] nor EPA can guarantee.鈥�
Miller said the EPA鈥檚 new聽 rules are 鈥渕ore realistic than what was originally proposed and support the agency鈥檚 pledge to consider further adjustments if necessary.鈥�
As less than half of American respondents said in a recent Gallup they would purchase an electric vehicle, passenger vehicle manufacturer Ford said it is scaling back its to transition fleets to electric vehicles amid sale concerns. The car maker, which recently began an ad campaign promoting聽 options to buy gas, electric and hybrid vehicles, still filed a in support of the new passenger car tailpipe emissions because of the 鈥渞egulatory stability鈥� it provides.
鈥淓ven more important than the power our customers choose, is what they choose to do with that power,鈥� said Lisa Materazzo, Ford global chief marketing officer, in a on its ad campaign promoting choice.
Power plant rule
The EPA鈥檚 power plant rule has a similar intent of weaning the country鈥檚 electric grid off of fossil fuel-emitting generation sources, but the VCEA directly governing the state鈥檚 grid has already set up Virginia to get there.
The new federal rule, according to the , would create standards that require existing coal plants operating beyond 2032 to capture 90% of their emissions, or close before then. Future coal or natural gas plants would need to meet that carbon capture rate, too.
鈥淏y developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,鈥� said EPA Administrator Michael S. Regan in a statement.
The rules for the coal plants could come into play for the that is co-owned by Old Dominion Electric Cooperative, the electricity supplier for the state鈥檚 more rural聽 electric cooperatives, and Dominion Energy, Virginia鈥檚 largest utility. Under the VCEA, the Clover plant is mandated to close by 2045, unless there鈥檚 a reliability concern.
If it were to stay open up until then, it would need to adopt the carbon capture technology the federal rules are requiring that industry associations are challenging because of sequestration measures being in its nascent stage. Otherwise, the 880 megawatts of electricity Clover produces, as well as several other coal plants that are already cited to come offline, would need to close, creating a reliability concern amid unprecedented energy demand.
Despite generating less and less of its potential , the full output of the plant may be needed as part of a 鈥渃apacity obligation鈥� with the regional grid operator, PJM Interconnection, to supply electricity at the highest peak the grid could face at anypoint.
But whereas the tailpipe emission rules may have a more stark division between support and opposition, the power plant rules don鈥檛 have a clear for and against delineation.
鈥淲e support EPA鈥檚 authority to regulate greenhouse gas emissions under the Clean Air Act, as well as the agency鈥檚 efforts to provide paths to additional carbon reductions and cleaner resources,鈥� said the Edison Electric Institute, the trade association for investor-owned public utilities like Dominion Energy and Appalachian Power Company, in a statement. 鈥淎t the same time, we are seeking judicial review of the agency鈥檚 determination that carbon capture and storage (CCS) should be the basis for compliance with other portions of the [federal] rules.鈥�
Old Dominion Electric Cooperative鈥檚 Kirk Johnson said in a statement: 鈥淓PA鈥檚 regulation relies on the use of carbon capture technology that is not currently commercially available, despite the Clean Air Act鈥檚 requirement that regulatory standards be achievable and based on available technologies,鈥� Without carbon capture technology, Johnson said, 鈥渢he rule will require power plants to close prematurely during a time when we expect to see unprecedented growth in the need for electricity.鈥�
Because of the recent unveiling of the rules and ongoing litigation, Dominion spokesperson Aaron Ruby said the utility 鈥渨ill need time to evaluate how they might impact our existing fleet or new power stations,鈥� which includes a natural gas plant being proposed in .
Teresa Hall, a spokeswoman for Appalachian Power Company, Virginia鈥檚 second largest utility that also serves West Virginia, also said聽 carbon capture and storage is 鈥渘ot a viable or proven technology that can be deployed on a large scale within the timeframes required by the rule.鈥�
Appalachian Power falls under the parent company American Electric Power, which also includes Wheeling and Kingsport power companies and had 63% and 19% of its electricity generation come from coal and natural gas, respectively, in 2023.
But Virginia has already charted itself toward an electric grid less dependent on fossil fuel through VCEA, and through the state鈥檚 previous participation in the Regional Greenhouse Initiative that required electricity producers, including utilities, to purchase allowances to emit carbon, said Walton Shepherd, Virginia Policy Director for the Natural Resources Defense Council,
鈥淲e鈥檙e already on a path to compliance,鈥� said Shepherd, adding that technologies like battery storage are increasingly emerging as viable ways to provide electricity amid any concerns over the deployment of renewable sources, especially compared to several years ago. 鈥淭he solutions are there. We have the tools.鈥�
The lawsuit from Miyares, without an alternative solution to address the 鈥渉ealth and welfare,鈥� issues from emissions causing climate change for Virginia, Shepherd added, is 鈥渁n insult to Virginia.鈥�
But referencing another SCOTUS case from 2022 that arose out of , Miyares said the EPA鈥檚 power plant rule was 鈥渙verstepping its bounds,鈥� ignoring Supreme Court guidance and 鈥渋nfringing upon the sovereign rights of states to manage their energy resources.鈥�
鈥淲e are urging the Court to recognize the EPA鈥檚 illegal power-grab and ensure that any changes to our nation鈥檚 energy policies are made through the proper legislative process, not through unilateral regulatory mandates,鈥� Miyares added.
Other action
Virginia鈥檚 attorney general has also challenged federal rules over meat and poultry and air quality , as well as some for solar customers. Miyares claimed wins for the of a rule that would have allowed the public trading of corporations holding park, federal or private land with an intent to conserve it, and a settlement with .
The additional challenges oppose regulations that would expand requirements for liquid waste produced by meat processing plants from being enacted at 171 facilities to 3,879 in the country. Details on the number of Virginia facilities the rules would apply to were not immediately available.
The EPA said the proposed 鈥渨ould reduce pollutants discharged through wastewater from [meat and poultry processing] facilities by approximately 100 million pounds per year.鈥�
But currently, meat and poultry processing plants that aren鈥檛 discharging directly into a stream have to pre-treat their waste under a Virginia Pollution Discharge Elimination System permit before sending it to a municipal waste facility, in order to prevent the system becoming overwhelmed. That works 鈥渨ell the way it is,鈥� said Hobey Bauhan, Virginia Poultry Federation president.
鈥淲e鈥檙e favorable to those who are trying to say, 鈥榶eah let鈥檚 take a second look,鈥欌�� at the federal proposals, Bauhan said.
