King County Superior Court judge rules natural gas initiative unconstitutional

(The Center Square) – King County Superior Court Judge Sandra Widlan on Friday ruled Initiative 2066, protecting access to natural gas for homes and businesses in Washington state, is unconstitutional. Voters approved I-2066 in November.

Several clean energy groups, including Climate Solutions, asked the court to invalidate the measure, arguing it violated the single-subject rule for an initiative and claiming that it confused voters.

The state Attorney General’s Office defended the measure on behalf of voters, as did legal counsel representing the Building Industry Association of Washington, which backed I-2066.

In a briefing to the court ahead of Friday’s oral arguments, Pacifica Law Group contended that I-2066 combined one subject, “(requiring certain utilities and local governments to provide natural gas to customers) with a host of separate subjects, including altering how the Washington Utilities and Transportation Commission (‘UTC’) sets utility rates, limiting the authority of county-level agencies to regulate air pollutants, and purportedly rolling back state and local energy efficiency standards in new building construction.”

Callie Castillo, outside counsel for BIAW, defended the initiative.

“The voters knew what they were voting on with 2066,” she said.

Kai Smith with Pacifica Law Group told the judge that I-2066 deals with the protection of natural gas but also “undermines the Clean Air Act, and it undermines the state building code. I-2066 undermines Washington’s climate goals.”

Smith asked the judge to invalidate I-2066 while the case is being appealed.

As reported by The Center Square, BIAW sued the Washington State Building Code Council for failing to update energy codes to reflect voters’ passage of I-2066.

BIAW’s initial suit was dismissed for technical reasons related to its filing method, but the case was refiled in February.

The same day BIAW was refiling its suit, the SBCC was meeting and issued a draft statement about I-2066: “There has been confusion over the WA energy codes and the passage of I-2066, and whether the codes should be enforced. The Council is investigating changes necessary to bring the codes into compliance with the requirements under I-2066 and all other relevant laws.”

BIAW contends that SBCC is required to speed up code changes.

After oral arguments, the judge told the crowded courtroom she would return with a ruling within a couple of hours.

Former Gov. Jay Inslee was in attendance and spoke with The Center Square just after arguments and ahead of the judge’s ruling.

“My view is the initiative threw a curveball to voters,” Inslee explained, “because it included so many things that were extraneous to the original proposal. So it’s not fair to voters, and that’s why we have these rules so that the initiative process has integrity.”

Inslee suggested voters were confused about what they were voting on with I-2066.

“There were so many things packed into this,” the former governor explained. “Some were voting on one issue, and some were voting on a different issue.”

Inslee spent much of his 12 years in office advocating for policies dedicated to combating climate change.

“One way or the other we’ve got to defeat climate change,” he said. “The damage it’s done to our state – the windstorms, the floods, the heat domes – one way or the other, we’ve got to figure out how to get clean energy to people. We’ve done some great things in Washington state to build clean energy, to get people electricity and batteries and electric school busses, and we need to continue that effort.”

A couple of dozen people waited outside the courtroom until the judge returned with her verdict just before 4 p.m.

Widlan reviewed each issue under consideration, ruling against I-2066 supporters in each case. She cited violations of the initiative’s single-subject rule and requirements that the initiative’s title accurately explain what it will do. She said that voters who may have wanted to retain natural gas as an option did not know it would require changes to the state’s building code.

“We’re disappointed, obviously, but the people enacted the initiative, and we think it demonstrates the will of the people, and BIAW is committed to this fight, and we will proceed through to the Supreme Court,” said Sydney Phillips, BIAW associate general counsel, after the ruling.

BIAW Executive Vice President Greg Lane issued a post-ruling statement.

“We will not back away from the fight to ensure the will of the people who voted to make I-2066 law stands,” he said. “We will continue to use every avenue available, including appealing to the state Supreme Court, to protect energy choice for the people of Washington.

“Those who want to ban natural gas are trying to force their minority view on the majority of Washingtonians. I fully expect we will prevail at the Supreme Court.”

By Carleen Johnson | The Center Square