The federal district court for the Western District of Washington ruled that the Eleventh Amendment barred a preemption challenge to amendments to the Washington State Energy Code that established minimum performance standards and requirements for construction and construction materials. The court concluded that the Ex parte Young exception to sovereign immunity did not apply to the defendants, who were members of the Washington State Building Code Council and the Attorney General of Washington. The court found that the Council Members who promulgated the amendments did not have either the power to enforce the Energy Code or supervisory power over the local officials responsible for enforcing the Energy Code. The court also found that the Attorney General’s “generalized authority” to file suit if cities and counties failed to follow the Energy Code was not sufficient to waive sovereign immunity. The court dismissed the case without prejudice but without leave to amend because “a suit dismissed on sovereign immunity grounds cannot be salvaged.”

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

Rivera v. Anderson

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Federal Court Said Washington Officials Were Immune from Preemption Challenge to State Energy Code

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Federal Court Said Washington Officials Were Immune from Preemption Challenge to State Energy Code

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