Dueling lawsuits filed over natural gas ballot measure in Washington
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Kai Smith, a lawyer for a coalition suing to overturn I-2066, speaks at a press conference. Photo: Melissa Santos/Axios
Competing lawsuits have been filed over Initiative 2066, which Washington voters approved last month to ban state and local governments from discouraging the use of natural gas.
Why it matters: The outcome of the lawsuits will decide the future of the state's new energy-efficient building codes, along with other government policies that encourage the use of electric heat pumps over gas furnaces as a way to curb emissions and fight climate change.
State of play: One lawsuit filed this month by I-2066's supporters calls on the courts to enforce the ballot measure, which took effect Dec. 5, by forcing a rollback of the state's heat-pump-promoting building codes.
- The other lawsuit, filed Wednesday by I-2066 opponents, seeks to overturn the ballot measure, arguing it groups too many subjects under one initiative, violating the state Constitution, which limits legislation to a single subject.
- The city of Seattle and King County are among the plaintiffs challenging the initiative, joined by environmental groups and others.
What they're saying: Christina Wong with Washington Conservation Action, one of the plaintiffs seeking to overturn I-2066, said in a news release that the initiative's backers "misled voters by failing to mention it would threaten multiple programs across multiple agencies and jurisdictions."
- Some of the programs at risk include government rebates that help people afford heat pumps and other energy efficiency upgrades, Wong said.
- In a written statement, Seattle Mayor Bruce Harrell said the law "will affect regulations that protect our air, protect public health, ensure building safety, and respond to the realities of climate change."
Catch up quick: Besides requiring changes to state building codes, I-2066 repeals part of a state law passed this year that requires Puget Sound Energy, the state's largest provider of natural gas, to evaluate ways to achieve "cost-effective electrification."
- More broadly, the initiative says state and local governments "shall not in any way prohibit, penalize, or discourage the use of gas."
The other side: Greg Lane, executive vice president of the Building Industry Association of Washington, said his group's goal in asking the courts to enforce the law is to create certainty for builders across the state.
- "Our lawsuit asks the court to calm the chaos with firm action upholding law and protecting energy choice," Lane said in a news release.
Between the lines: State policy before I-2066 didn't ban natural gas appliances or require homeowners to replace them.
- But, on the campaign trail, supporters of I-2066 argued that the state's attempts to phase out the fossil fuel over time would eventually cause homeowners and businesses to have to pay for costly electrification upgrades.
What's next: The BIAW's lawsuit seeking enforcement of I-2066 is being considered in Thurston County Superior Court, while the lawsuit trying to overturn the law will go before a judge in King County.
- Neither side expects the issue to be decided until sometime next year.