Washington voters approved a natural gas initiative. Lawsuit wants to blow it up

Last month, Washington voters passed Initiative 2066, which would roll back government and utilities’ plans to move the state’s energy grid away from natural gas.

On Wednesday, climate activists, solar energy industry representatives, the city of Seattle and King County government filed a lawsuit to overturn it.

“All laws, whether they’re passed by the Legislature, or passed by the people at the ballot, must comply with the Washington Constitution,” said Kai Smith, a lawyer for the plaintiffs. “I-2066 does not.”

Smith said the initiative confused voters on purpose and broke the state’s rule that initiatives should only deal with 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.”

The homebuilders’ group behind Initiative 2066, the Building Industries Association of Washington, argues the initiative doesn’t break the rule.

“Even though it's very robust, and it does change a lot of areas in the law that needed to be changed in relation to natural gas service, it is all about natural gas,” said Ashli Penner, general counsel for the Building Industries Association of Washington. Penner and the BIAW called the lawsuit an attempt to undermine democracy and the will of the voters.

“They should just let it be,” Penner said. “The voters want natural gas. Let them have what they want.”

The homebuilders’ group filed their own lawsuit in Thurston County Superior Court last week against the Washington State Building Code Council, which has been slow to incorporate 2066 into energy code, and is currently waiting for recommendations from its technical advisory group.

On Wednesday, at a Seattle brewery heated by an electric pump, representatives from several climate-focused groups and the Washington Solar Energy Industries Association joined Seattle Mayor Bruce Harrell to announce the lawsuit. Seattle is currently trying to bring down gas emissions from its large commercial buildings.

Speakers said Brian Heywood, the hedge fund manager who spent millions of his own dollars to get 2066 and three initiatives that didn’t pass on the ballot, misled voters.

“I-2066 backers misled you as a voter by failing to mention that if passed, it would threaten multiple programs across multiple agencies and jurisdictions,” said Christina Wong, vice president of programs for Washington Conservation Action.

The plaintiffs expect the lawsuit to be heard next year.