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.

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