Washington Supreme Court to hear appeal of natural gas initiative

The Washington Supreme Court likely will decide the fate of a voter-approved initiative that bars state and local laws that restrict or discourage the usage of natural gas.

The court announced Wednesday it would accept a direct review of a lawsuit after a King County Superior Court judge found earlier this year that Initiative 2066, which voters passed during the 2024 election, was unconstitutional and violated the state’s single-subject rule.

The initiative prohibits state and local governments from restricting access to natural gas and prohibits the state building code council from discouraging or penalizing its usage.

The measure repealed recent updates to the state building code that disincentivized the use of natural gas appliances in favor of electrical ones. It also repealed portions of a bill signed in 2024 that sought to expedite the transition from natural gas for large combination utilities like Puget Sound Energy.

The voter-approved initiative received 51.7% of the vote statewide and found broader support in Spokane County, with 59.9% of voters backing it. Shortly after the election, the City of Seattle, King County and a collection of environmental groups challenged the voter-approved initiative.

In March, Superior Court Judge Sandra Widlan found that the initiative was “so broad, it requires a thorough examination of statutes” to determine its impact, according to a press release from Climate Solutions.

In her ruling, Widlan said the intent of the single-subject rule was to prevent “logrolling,” a practice where an unpopular policy is attached to a more popular policy that is passed.

Soon after, Washington Attorney General Nick Brown and the Building Industry Association of Washington announced it would appeal the decision to the state’s highest court.

Greg Lane, executive vice president of the Building Industry Association of Washington, one of the prime sponsors of the initiative, said in a statement Wednesday that the initiative ensured that “Washington residents and businesses can access natural gas if they want it.”

“The initiative was clear and voters clearly understood they were voting for energy choice,” Lane said.

Lane added that the association was “confident the Washington State Supreme Court will reject this latest challenge as the frivolous claim it is.”

Mike Faulk, a spokesperson for Brown, said in a statement Wednesday that “We appreciate the court granting our request.”

“The office will continue to defend the constitutionality of the initiative,” Faulk said.

While the case has not yet been set on the court’s calendar, it could be scheduled for the upcoming fall or winter.