Ecology, Commerce sued by 2 WA GOP lawmakers over climate data

Two Washington state agencies are being sued for allegedly failing to publish climate data that is required by state law.

State Sen. Nikki Torres of Pasco and state Rep. Mary Dye of Pomeroy, both Republicans, are plaintiffs in the case, as is the Washington Policy Center conservative think tank and Todd Myers, WPC’s vice president for research.

The Department of Commerce and Department of Ecology are named as defendants in the suit filed Oct. 2 in Thurston County Superior Court.

For its part, the Department of Ecology is slamming the lawsuit as part of a “misinformation campaign” aimed at eroding climate policy.

The lawsuit claims that the two agencies ran afoul of state law when they did not release greenhouse gas emissions reports with full data on time. The agencies are required under state law to unveil such emissions for the two most recent years by the last day of each even-numbered year, so data was due Dec. 31, 2024.

However, plaintiffs argue, the state agencies were tardy in delivering on that mandate, issuing the report Jan. 6. And they contend that the report “omitted” data from 2022 and 2023, only offering numbers through 2021.

Torres said the law is plain: Such reports must come every other year with the latest available data.

“Lawmakers rely on this information to evaluate whether billions in climate programs are working,” Torres said in a news release from the Citizen Action Defense Fund (CADF), which is representing the plaintiffs. “When agencies ignore deadlines, they leave the public in the dark.”

The January report from Ecology showed that in 2020, the pandemic year, overall greenhouse gas emissions fell 13.8%. But they spiked 8.8% in 2021.

CADF Executive Director Jackson Maynard said if the latest data shows that carbon emissions are dropping, that is good news for the administration. But if it indicates the opposite, then perhaps the state should shift what it is doing, he said.

“The fact of the matter is the law is the law,” Maynard said in a call. “People should follow it, and agencies are subject to the law, just like everyone else.”

McClatchy has reached out to the two departments about the lawsuit. The Department of Commerce declined to comment, citing pending litigation.

In an emailed statement, Ecology Director Casey Sixkiller condemned the lawsuit as an “example of an ongoing misinformation campaign” attacking climate policy. He said that Washington businesses and families continue to feel the effect of fossil fuel use through intensifying droughts and wildfires, and via increased insurance, health and infrastructure costs.

“We look forward to proving our case in court once again,” he said, “and we’re confident the judge will agree with us this time around, too.” Ecology says it released all available emissions data

This is not the first lawsuit brought against the departments by WPC.

Myers filed another lawsuit earlier this year, but it was dismissed in June by a Thurston County Superior Court judge, who said Myers lacked standing. Judge Chris Lanese said state statute is clear: The beneficiaries of the emissions-reporting requirement are the governor and appropriate legislative committees.

That is why WPC added the two lawmakers to this latest suit.

An attorney for the state had argued that the Legislature wants accurate, consistent data that shows progress over time, with analysis. Lawmakers do not want raw or unprocessed emissions data, or data that follows a different methodology from the Intergovernmental Panel on Climate Change (IPCC), said Assistant Attorney General Jenna Slocum.

Slocum argued in June that the plaintiff appeared to be confusing two different types of U.S. Environmental Protection Agency (EPA) reports. There is a State Inventory Tool (SIT) from the EPA, she said – which the state uses – and then there is the draft Inventory of U.S. Greenhouse Gas Emissions and Sinks. The state’s most recent inventory report indeed included the latest available data released by the EPA in its SIT, she said.

She disputed the allegation that the state is withholding data.

Although Lanese dismissed the first suit on the basis of standing, he also said that the court believes the state had published the available information.

“The issue really is that available data is not coming up fast enough to comply with the statutory obligation,” Lanese said, noting that state lawmakers “cleaned up” the pertinent statute in the past legislative session.

But the October complaint notes that data for SIT come from the EPA’s inventory of emissions and sinks, adding that data for 2022 and 2023 “have been available for many months.” It also says state law does not condition the release of emissions reports on whether the SIT methodology was applied per IPCC guidelines.

Sixkiller said it takes time to measure greenhouse gas emissions from every source in Washington, and that it is a complex process. Reversing course on climate change will take time, too, he said.

Up-to-date data is crucial for sound policymaking, Sixkiller said, and “with investment from the Legislature we’re working to deliver it.”

“That work has become even more critical as the federal administration removes reporting tools and data sets that support transparency,” Sixkiller continued. “We’re building our own state-level inventory so we can rely on accurate, transparent data to guide smart decisions and track our progress.”