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The Climate Litigation Database

Rivera v. Sami

Geography
Year
2024
Document Type
Litigation
Part of

About this case

Filing year
2024
Status
Decided
Geography
Docket number
25-2134
Court/admin entity
United States → United States Federal Courts → United States Court of Appeals for the Ninth Circuit (9th Cir.)
Case category
Constitutional Claims (US) → Other Constitutional Claims (US)
Principal law
United States → Energy Policy and Conservation Act (EPCA)United States → Supremacy ClauseUnited States → Washington State Energy Code
At issue
Challenge to 2023 amendments for the Washington State Energy Code as preempted by federal law.
Topics
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Documents

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Filing Date
Document
Type
Topics
09/09/2026
Dismissal affirmed.
The Ninth Circuit Court of Appeals affirmed the dismissal on sovereign immunity grounds of a lawsuit challenging the Washington State Energy Code, which the plaintiffs argued was preempted by federal law. The Ninth Circuit found that the plaintiffs challenging the Energy Code failed to establish that the individual defendants—the Washington Attorney General and the members of the State Building Code Council—had “some connection with the enforcement” of the Energy Code that would overcome Washington’s assertion of sovereign immunity.
Decision

Summary

Challenge to 2023 amendments for the Washington State Energy Code as preempted by federal law.

 Topics mentioned most in this case

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Group
Topics
Policy instrument
Impacted group
Just transition
Fossil fuel
Economic sector