Local Governments

In Virginia local governments, including city councils and county boards, have the legal authority to protect the health, safety, and welfare of their residents. However, under Virginia’s Dillon Rule, municipalities may only act within the specific powers granted to them by the state. This limits their ability to directly regulate things defined as air pollution from sources such as coal railcars or terminals, as state law delegates most air quality authority to other state bodies.

Still, municipalities are not without tools. Local governments can and do navigate these constraints using a mix of recognized and creative strategies:

• Enact ''nuisance ordinances''' to address visible coal dust accumulation and deposition on private or public property.
• Advocate for stronger DEQ oversight and enforcement of existing state and federal environmental regulations.
• Hold public hearings and forums to formally document resident concerns, build public records, and amplify grassroots advocacy efforts.
• Create and distribute funds through local fees, fines, and investment funds to provide dedicated resources that respond to coal dust-related impacts in affected neighborhoods.

Moreover, municipal governments can often leverage underused powers, work in partnership with nonprofits and local authorities, and even operate in legal grey areas where risk is minimal but potential impact is significant. Prioritizing well-researched, high-impact requests to the General Assembly can also help expand local options over time.

Residents and researchers alike have documented how municipal actors may both support and resist environmental justice demands—revealing the complex interplay between state preemption, local initiative, and community pressure.