Today a King County Superior Court judge ruled that Initiative 2066 violates the Washington state constitution. Lawyers for a plaintiff group of public interest advocates and local governments argued that the initiative’s sweeping impacts to state and local laws and clean energy programs likely violate Washington State’s constitution single-subject rule for initiatives. The single-subject rule was designed to ensure that voters have clear information on what they’re voting for and how it would impact their lives. 

In her ruling, Judge Sandra Widlan focused on the sweeping scope of I-2066, saying hat the initiative “is so broad, it requires a thorough examination of statutes [to determine its impacts]…In summary I-2066 violates the single subject requirement, the subject and title requirement, and the section-amended-shall-be-set-forth-at-full-length requirement. For these reasons, I-2066 is unconstitutional.” 

Describing the challenge in assessing and presenting the case, Judge Widlan said, “The case law makes clear the following: in approving an initiative the people exercise the same power as the legislature does when enacting a statute. thus the people’s legislative power is subject to the same restraints… The reason for the single subject requirement is to prevent ‘log rolling,’ or pushing through undesirable legislation by attaching it to desirable legislation. This is a difficult task in the present case, because the body of the initiative is so broad and free ranging that it makes it hard to say with any precision what the general topic is.”

Judge Widlan added: “A voter may well want to have access to natural gas, but at the same time want the government to regulate air pollution from natural gas. I-2066 affects building efficiency standards contained within the WA energy code…requiring that natural gas be provided to homes and buildings is different than changing building efficiency standards. A voter may well want to have access to natural gas, but at the same time want building efficiency standards that reduce reliance on fossil fuels.” 

Judge Widlan further ruled that I-2066’s violation of the subject and title requirement ultimately misled voters. “The ballot title would not lead the voter to think that the initiative would impact local government authority under the Clean Air Act or impact the building code [regulating] gas appliances,” she said. “Would a voter know from I-2066’s title that the initiative limits the ability of the government to regulate air pollution… that building code standards as applied to gas appliances are impacted? The answer to that is no.”

Friday’s ruling continued the saga of I-2066 and the effort to transition gas out of buildings, keep home energy affordable, and prioritize clean air across Washington.

“I-2066, if fully enacted, would have severely restricted the ability of Washingtonians to make healthy choices about their home energy use and would have increased our exposure to toxic air pollution both indoors and out,” says Dr. Mark Vossler, President of Physicians for Social Responsibility. “We are pleased that this unconstitutional measure was struck down allowing us to all breathe cleaner air.”

Plaintiff representatives gathered at the courthouse to celebrate the ruling as a win for accountability, Washington families and democracy.

MORE PLAINTIFF QUOTES:

“Washington voters have made it clear that they support bold climate action and a transition to clean, renewable energy, and we applaud the court for throwing out this illegal initiative,” said Ben Avery, Washington Chapter Director of the Sierra Club. “This decision will ensure that our state stays the course in our critical work to protect clean air and our environment, while sending a strong message to polluting industries that using unconstitutional and misleading ballot initiatives is a waste of taxpayers time and money.”

“Initiative 2066 was designed to rob people of their choice to access cleaner, more efficient energy. We’re already seeing the consequences—programs that would help families afford high-efficiency electric appliances have been blocked by 2066,” says Christina Wong, vice president of programs at Washington Conservation Action. “With 2066 struck down, Washingtonians can get back to work towards a cleaner, healthier, more affordable energy future. This is a win for Washingtonians, not the fossil fuel lobby.” 

“Initiative 2066 was rushed onto the ballot and backed by millions of dollars from corporations and out-of-state interests who attempted to mislead voters with language that was confusing, harmful and unconstitutional.” said Mayor Bruce Harrell of Seattle. “We are happy with today’s court decision that deems Initiative 2066 unconstitutional and cannot be used to derail state and local regulations and policies that protect our environment and public health and respond to the realities of climate change.”

“The well-being of our communities depends on the transition to a clean and just energy system that puts the interests of those on the frontlines first for the benefit of all,” said Chiyo Crawford, Executive Director of the Environmental Coalition of South Seattle (ECOSS), a member of Front and Centered, one of the Plaintiffs in the lawsuit. “We can move toward a healthy future given the court’s correct decision today. The impacts of this misleading initiative would have, instead, resulted in higher energy bills, reduced access to energy efficiency upgrades, and more harmful air pollution inside and outside of our homes.”

“We are celebrating today’s ruling as a win for Washington families, and for our state’s efforts to improve people’s lives,” said Leah Missik, Acting Washington Director with Climate Solutions. “We’ll continue working to keep energy bills affordable, especially as we prioritize cleaner air in- and outside of our homes and buildings.” 

BACKGROUND on I-2066

I-2066 was rushed onto Washington’s 2024 election ballot at the last minute (qualified in early July 2024) and was backed by millions of dollars from out-of-state special interests, who falsely claimed that the state was banning access to natural gas. Many voters were confused by I-2066, as shown by the more than 5% of voters who left it blank on their ballots—the highest of any of the four initiatives in the 2024 election.

Initiative proponents, including the Building Industry of Washington and Let’s Go WA, misled the public by claiming I-2066 would “stop the gas ban” and allow for “energy choice” when in reality, it threatened popular, bipartisan energy efficiency programs that have helped thousands of Washingtonians living on low incomes access ultra-efficient heat pumps. Nothing in Washington state law prevents residents from buying gas appliances, and gas utilities have always been required to provide gas service to anyone who wants it. I-2066 also endangers the state’s clean energy laws and Clean Air Act, by legally committing the state to burning methane gas for decades to come.

Washington’s laws and programs to increase access to electric home and space heating and address natural gas use in buildings has been a priority for many years. Natural gas is primarily made of methane—a greenhouse gas that warms the climate at a rate at least 80 times higher than carbon dioxide when released into the atmosphere. A growing number of studies have documented extensive leaks up and down the gas supply chain—from fracking wells to pipelines to gas appliances in our homes. When these leaks are taken into account, methane gas’s contributions to climate change rival that of coal power. Buildings continue to be Washington’s fastest growing source of emissions. 

A transition to electric home appliances is also a matter of public health. Dozens of studies over several decades have also documented significant health impacts from burning gas inside the home. Children who grow up in homes with gas stoves are 42% more likely to develop asthma, and recent studies have found that gas stoves emit cancer-causing benzene.