Climate Solutions v. State

The Washington Supreme Court affirmed on narrower grounds a trial court’s invalidation of Initiative 2066 (I-2066), a ballot initiative approved by Washington voters in November 2024. I-2066 included several categories of legislative actions, including requirements to ensure consumers had access to natural gas, regulations of the goals and standards governing new construction (such as removing a goal of zero greenhouse gas emission homes and buildings by 2031), restrictions on local government entities’ ability to restrict use of gas for heating or appliances, and repeals of certain provisions of the State’s Decarbonization Act. The Supreme Court held that I-2066 violated the Washington Constitution’s “single subject” requirement because the initiative regulated “several discrete subjects” with provisions “with substantially distinct regulatory effects” such as “requiring statewide natural gas access and use, limiting local authority over air quality standards, amending statewide building codes, and repealing the Decarbonization Act’s severability clause.” The court rejected the contention that I-2066 was “omnibus legislation” that permissibly combined diverse provisions to address a single problem in a comprehensive way. The court further concluded that it was not possible to sever the impermissible provisions of I-2066 and therefore held I-2066 unconstitutional in its entirety. Three justices dissented and would have ruled that I-2066 satisfied the “low bar” of the single subject requirement because all but one provision “relate to the general subject of protecting consumers’ access to natural gas.” The dissenting justices would have upheld I-2066 but would have severed that provision as well as three other sections that “silently amend[ed] existing law” in violation of the Washington Constitution.

Lawsuit seeking to block implementation of Washington State's natural gas access ballot initiative.

The Washington Supreme Court agreed to retain for direct review an appeal by the Building Industry Association of Washington of a trial court decision that held that a 2024 ballot initiative regarding natural gas use and electrification violated the Washington Constitution’s single-subject rule and other requirements for ballot initiatives. The ballot title for the initiative stated that it “would repeal or prohibit certain laws and regulations that discourage natural gas use and/or promote electrification, and require certain utilities and local governments to provide natural gas to eligible customers.”

Lawsuit seeking to block implementation of Washington State's natural gas access ballot initiative.

Lawsuit seeking to block implementation of Washington State's natural gas access ballot initiative.

Lawsuit seeking to block implementation of Washington State's natural gas access ballot initiative.

In a decision from the bench, a Washington Superior Court held that Initiative Measure No. 2066 (I-2066) violated the Washington Constitution’s single-subject rule and other requirements for ballot initiatives. The ballot title for I-2066 stated that it “would repeal or prohibit certain laws and regulations that discourage natural gas use and/or promote electrification, and require certain utilities and local governments to provide natural gas to eligible customers.” Voters approved the initiative in November 2024. The lead plaintiff’s press release announcing the court’s decision cited the judge as stating that I-2066 was “so broad, it requires a thorough examination of statutes [to determine its impacts]… In summary I-2066 violates the single subject requirement, the subject and title requirement, and the section-amended-shall-be-set-forth-at-full-length requirement. For these reasons, I-2066 is unconstitutional.” The Chronicle reported that there would be a direct appeal to the Washington Supreme Court.

Three nonprofit organizations, a solar energy trade association, King County, the City of Seattle, and a Seattle resident filed a lawsuit asking a state court in Washington to declare Initiative Measure No. 2066 (I-2066) unconstitutional and prohibit its implementation. I-2066’s ballot title said it concerned “regulating energy services, including natural gas and electrification,” and that it “would repeal or prohibit certain laws and regulations that discourage natural gas use and/or promote electrification, and require certain utilities and local governments to provide natural gas to eligible customers.” Voters approved I-2066 in the November 2024 election. The plaintiffs alleged that I-2066 reversed “carefully crafted laws” to encourage development of clean energy, promote energy efficiency, and reduce greenhouse gas emissions and air pollution, and that I-2066 would jeopardize local government efforts to reduce greenhouse gas emissions and air pollution. They asserted that I-2066 violated the Washington Constitution’s “single subject” requirement by containing several provisions unrelated to each other and also violated the Washington Constitution’s “subject-in-title requirement” by not reflecting the initiative’s changes to state emissions regulation and the Clean Air Act in the title. In addition, the plaintiffs alleged that that I-2066 failed to state in full each of the state law provisions it would change. Amy Turner, the Director of the Cities Climate Law Initiative at the Sabin Center for Climate Change Law, published a blog post about this case on December 20, 2024.