Washington voter-approved natural gas initiative thrown out as 'unconstitutional' by judge

March 21, 2025 / 5:23 pm

caption: Building Industry Association of Washington executive director Greg Lane (pictured right) and Let's Go Washington founder Brian Heywood (center right) help turn in boxes of signatures supporting I-2066, the initiative focused on protecting natural gas access, at the Secretary of State's office in Tumwater Tuesday, July 2, 2024.

A King County Superior Court judge has ruled that a voter-approved initiative that would roll back government and utilities’ plans to move the state’s energy grid away from natural gas violates Washington's Constitution.

Voters passed statewide Initiative 2066 with nearly 52% support in November, but it became the target of a lawsuit brought by climate activists, solar energy industry representatives, the city of Seattle, and King County a month later.

The plaintiffs and their attorneys argued the initiative confused voters on purpose and violated the state’s rule that initiatives should only cover a single subject. Initiative 2066 rolls back local and state efforts to transition away from gas over the next quarter century but also blocks Washington’s building code from doing anything to “prohibit, penalize, or discourage the use of gas for any form of heating.”

Judge Sandra Widlan said during the decisive hearing on Friday that "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."

Widlan added that "in approving an initiative, the people exercise the same power as the legislature when enacting a statute. Thus, the people’s legislative power is subject to the same restraints."

Seattle Mayor Bruce Harrell applauded Friday's ruling.

“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," he said in a statement.

Meanwhile, representatives of the Building Industries Association of Washington, which filed the initiative, say the battle isn't over.

"We will not back away from the fight to ensure the will of the people who voted to make I-2066 law stands," the group's executive vice president Greg Lane said in a statement. "We will continue to use every avenue available, including appealing to the state Supreme Court, to protect energy choice for the people of Washington."

Scott Greenstone contributed to this report.