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Government officials raise concerns after new governor rolls back decades of legislation: 'Has chosen to ignore the law'

"Unfortunately, these actions call into question: Can the governor really essentially try to violate the separation of powers?"

"Unfortunately, these actions call into question: Can the governor really essentially try to violate the separation of powers?"

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The American political system was designed with a series of checks and balances — but critics are accusing Virginia's new governor of tossing aside checks on his executive powers and single-handedly rolling back decades of environmentally focused climate legislation.

What's happening?

E&E News reported on new Republican Gov. Glenn Youngkin's purported power grab. Although the Republican Party was solidly defeated in the General Assembly and state Senate elections, Youngkin has been advancing elements of that agenda through what amounts to a series of legislative loopholes.

This agenda includes rolling back clean-car auto pollution standards as well as withdrawing Virginia from the Regional Greenhouse Gas Initiative, an economic program incentivizing the migration to clean energy. Per E&E, Youngkin withdrew Virginia from the program "despite a 2020 statute requiring the state's participation."

Youngkin also appointed Andrew Wheeler, a former coal lobbyist who worked under former President Donald Trump, in a new authoritative office that he created specifically for Wheeler.

Unfortunately because of some vague wording in the climate legislation, it will be nearly impossible to stop the reversals they are enacting.

"[Youngkin] has chosen to ignore the law, break the law and do the things that they accuse Democrats of doing," said Virginia House Speaker Don Scott, per E&E.

Why is this concerning?

Virginia's voters have consistently elected pro-climate Democrats over pro-dirty-energy Republicans, so this is an alarming power grab from the governor's office that will take years to reverse.

Even if the state courts or the next governor throws out Youngkin's moves, several of his actions will have lasting harmful health effects on Virginia's citizens. E&E reported that he's already been "locking in" dirty pollution sources "that will persist long after Youngkin leaves the governor's mansion, like gas-burning peaker plants."

They also quoted Trip Pollar, an attorney with the Southern Environmental Law Center, who said: "Unfortunately, these actions call into question: Can the governor really essentially try to violate the separation of powers and just ignore or try to unilaterally undo any law he doesn't like?" 

At a pivotal moment when climate solutions are needed, it's disheartening to see politicians in states like Virginia and Louisiana work to actively reverse forward-thinking policies. It's also troubling to consider the broader political implications of power reaches like this.

"Beyond the climate context … there's the larger question of executive overreach and separation of powers," E&E quoted Pollard. "The governor can't just ignore the law."

What's being done about this?

Several environmental groups are suing Youngkin's administration. And while he will be term-limited and cannot run for re-election, state Democratic leaders are also mobilizing to replace him to undo policies they disagree with. 

In order to ensure a healthier, cleaner future for all, it's important to stay educated on critical climate issues, educate your community, and vote for pro-climate candidates.

Editor's note: A previous version of this article said Democratic leaders are mobilizing to unseat Youngkin rather than to replace him. It has been updated to reflect that he will not be running again as a result of term limits for the governorship of Virginia.

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