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.

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

Rivera v. Sami

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Ninth Circuit Affirmed Dismissal of Challenge to Washington State Energy Code

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Ninth Circuit Affirmed Dismissal of Challenge to Washington State Energy Code

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Just transition

Fossil fuel

Economic sector