BIAW asking SCOW for direct appeal of ruling against natural gas initiative

(The Center Square) - The Washington State Attorney General’s Office and the Building Industry Association of Washington (BIAW) have filed their notice of appeal to the Washington State Supreme Court in the constitutional challenge to Initiative 2066.

I-2066 was approved by voters last November to protect natural gas as an energy choice.

It was born out of House Bill 1589, which incentivizes customers and encourages utility companies, namely Puget Sound Energy (PSE), to shift away from fossil fuels toward the eventual goal of 100% clean energy.

Getting it onto the ballot was a monumental task, as supporters had just seven weeks to gather signatures in time to qualify.

BIAW and proponents managed to gather more than half a million voter signatures in that time. The measure was then approved on the November 2024 ballot.

Environmental groups, the city of Seattle and King County challenged the constitutionality of the new initiative in King County Superior Court shortly after it was approved by voters, arguing the initiative is unconstitutional because it violates the single-subject, and subject in title rules.

As reported by The Center Square, King County Superior Court Judge Sandra Widlan heard the constitutional challenge to I-2066 on March 21.

Shortly after hearing arguments, Widlan issued an order in favor of the plaintiffs. She took another two months before filing the final order in the court record, which delayed the ability to appeal.

On Tuesday, BIAW and the WA AG’s office filed a notice of appeal.

“After years of opposing political efforts to ban natural gas in Washington, BIAW fought back at the ballot box,” said BIAW’s Executive Vice President Greg Lane. “We crafted I-2066 carefully with a singular goal – preserving natural gas as an energy choice for current and future homeowners.

"And every step of the way, opponents have filed lawsuits seeking to stop us. We’re confident the Washington State Supreme Court will reject this constitutional challenge as the frivolous claim it is,” he said in a news release emailed to The Center Square.

Next steps in the BIAW appeal include the parties seeking direct review serving on all other parties and filing in the Supreme Court a statement of grounds for direct review.

If the Supreme Court accepts direct review of the I-2066 case, it may be set on the court’s calendar for the fall or winter. If the Supreme Court denies direct review, it will automatically transfer it to the Court of Appeals for determination.