OLYMPIA, WA – The Washington State Attorney General’s Office and the Building Industry Association of Washington (BIAW) have filed their notice of appeal to the Washington State Supreme Court in the constitutional challenge to Initiative 2066.
I-2066 was approved by voters last November to protect natural gas as an energy choice.
It was born out of House Bill 1589, which incentivizes customers and encourages utility companies, namely Puget Sound Energy (PSE), to shift away from fossil fuels toward the eventual goal of 100% clean energy.
Getting it onto the ballot was a monumental task, as supporters had just seven weeks to gather signatures in time to qualify.
BIAW and proponents managed to gather more than half a million voter signatures in that time. The measure was then approved on the November 2024 ballot.
Environmental groups, the city of Seattle and King County challenged the constitutionality of the new initiative in King County Superior Court shortly after it was approved by voters, arguing the initiative is unconstitutional because it violates the single-subject, and subject in title rules.
As reported by The Center Square, King County Superior Court Judge Sandra Widlan heard the constitutional challenge to I-2066 on March 21.
Shortly after hearing arguments, Widlan issued an order in favor of the plaintiffs. She took another two months before filing the final order in the court record, which delayed the ability to appeal.
On Tuesday, BIAW and the WA AG’s office filed a notice of appeal.
“After years of opposing political efforts to ban natural gas in Washington, BIAW fought back at the ballot box,” said BIAW’s Executive Vice President Greg Lane. “We crafted I-2066 carefully with a singular goal – preserving natural gas as an energy choice for current and future homeowners.
“And every step of the way, opponents have filed lawsuits seeking to stop us. We’re confident the Washington State Supreme Court will reject this constitutional challenge as the frivolous claim it is,” he said in a news release emailed to The Center Square.
The timing of the appeal fell on the same day the American Gas Association (AGA) was holding a media event to share an outlook from the natural gas industry on the future for natural gas as demand rises.
The Center Square asked AGA’s President and CEO Karen Harbert if the push to transition away from natural gas in Washington and several other states is starting to trend back in the other direction.
“Look at the biggest growth areas for natural gas-California is number two,” said Harbert. “I get it’s a bigger state and there’s some context there, but it’s still a very affordable and attractive source of energy. You saw in the state of New York that the governor just had to sign two line extensions because there was demand for natural gas in New York. So I think even in the most progressive and ambitious environmental states, you’re seeing a creeping reality .. which is to say are the technologies ready and deployable and scalable, and what are you going to do if it’s not?”
She added there are no ready alternatives at this point.
“There’s not a substitute for natural gas. So we’re quite bullish about natural gas and not just because we are AGA. It’s because we actually look at the facts and the data underlying the trends that we’re seeing,” said Harbert. “I think you’re going to see a practical reality creeping back into the conversation across the country.”
Next steps in the BIAW appeal include the parties seeking direct review serving on all other parties and filing in the Supreme Court a statement of grounds for direct review.
If the Supreme Court accepts direct review of the I-2066 case, it may be set on the court’s calendar for the fall or winter. If the Supreme Court denies direct review, it will automatically transfer it to the Court of Appeals for determination.
