A Momentous Win for Clean Air and Energy Affordability, WA Supreme Court Strikes Down Unconstitutional Gas Initiative

Olympia, WA — Today, the Washington Supreme Court ruled that Initiative 2066 (I-2066) is unconstitutional, delivering a victory for Washington families who want affordable utility bills, clean air, and urgent climate action. The decision ends a multi-year legal battle and clears the way for Washington state to continue efforts to reduce air pollution, expand energy efficiency programs, lower utility bills for consumers, and work to transition buildings away from expensive, volatile methane gas to safer and cleaner electric alternatives. 

The State Supreme Court affirmed a previous ruling from King County Superior Court that the initiative violated the single subject requirement in the Washington Constitution for ballot initiatives and legislation. 

In the ruling, the Supreme Court states clearly that “I-2066 violates this single-subject rule because it includes several provisions with markedly distinct purposes and regulatory effects, embracing four distinct subjects.” The decision cited the four distinct subjects that the initiative targeted: regulating natural gas providers, undermining air quality protections, removing zero emission goals and building efficiency standards, and amending the Decarbonization Act.                  

“Today’s ruling is a huge win for Washingtonians who want to secure a healthy, affordable future,” said Caitlin Krenn, Washington Conservation Action’s Climate and Clean Energy Director. “Initiative 2066 was a deceptive attempt, backed by a megamillionaire, to lock our state into expensive, polluting fossil fuels for decades and undermine the State’s climate policies. By upholding the state’s constitution, the Supreme Court has put us back on track to reap the benefits of cheaper, cleaner renewable energy.”

By striking down the illegal ballot measure, the Supreme Court restored certainty to several common-sense energy efficiency and building decarbonization measures that were left in limbo. These state and local initiatives can now move forward, including the State Building Code Council’s updates encouraging all-electric construction, municipalities’ and local air agencies’ ability to address the harms of gas equipment, the incorporation of electrification into utility decarbonization plans under HB 1589, and the implementation of the Seattle Building Performance Standard.

“Initiative 2066 was a classic example of logrolling - packing an initiative packaging a host of different issues that confuse voters in order to ram through unpopular reforms that the public would not support ,” said Dylan Plummer, Deputy Director of the Sierra Club’s Clean Heat Campaign. “The Supreme Court’s ruling is a clear refutation of this cynical tactic by the fossil fuel industry to rollback a host of energy efficiency, clean air and climate policy with this misleading initiative.” 

The legal battle over I-2066 began shortly after the November 2024 election, when the initiative narrowly passed with 51.7% of the statewide vote. A coalition of local governments, public health, small business interests and climate organizations filed a lawsuit a month later, quickly pointing out that the measure violated Washington’s constitutional single-subject rule. While voters were presented with a brief ballot summary, the actual initiative packed 21 pages with dense, sweeping legal text covering multiple broad subjects. In March 2025, the King County Superior Court struck down the measure for this constitutional violation, a decision the Washington Supreme Court has now upheld. 

“Initiative 2066, if enacted, would have set back health protections decades, undermining common sense clean air policy designed to safeguard Washington residents from harmful pollution,” said Dr. Mark Vossler, board member with Washington Physicians for Social Responsibility. “Today’s ruling will allow everyone to breathe easier knowing that our bedrock clean air regulations are safe for now from fossil fuel-backed attacks.”

“Seattle voters rejected this industry proposal from the beginning. Today we protected that choice from being overruled by a slender statewide majority vote that was deceptively engineered with special interest dollars,” said Seattle City Attorney Erika Evans “Washington state law sets clear transparency and simplicity requirements for ballot initiatives to protect the integrity of that democratic process. The co-plaintiffs in this case have worked hard to uphold those protections, and the City Attorney’s Office is proud to have contributed to that group effort.”

“What a win for Washington families in keeping our energy affordable and clean,” said Gregg Small, Executive Director of Climate Solutions. “And we welcome this timely ruling in support of clearer, more honest information on how initiatives impact our lives and communities.”

“Today’s decision provides needed clarity for Washington’s clean energy businesses and the customers we serve,” said Phaedra Beckert, Executive Director of the Washington Solar Energy Industries Association. “With I-2066 struck down, our state can continue advancing building efficiency, electrification and decarbonization under laws already enacted. Washington’s solar and storage industry is ready to keep investing, creating jobs and helping families and businesses access clean, reliable energy.”

“The Washington Supreme Court reaffirmed the basic constitutional requirement that a law—whether enacted by the Legislature or by initiative—cannot bundle distinct and unrelated policy changes into a single measure. I-2066 paired provisions regarding consumer access to natural gas with broader changes to the Clean Air Act, state building codes, and Washington’s climate policies. There is no way to know whether voters who wanted to preserve access to natural gas also supported all of those broader changes. The Court properly struck down I-2066 in its entirety,” said Pacifica Law Group attorneys Paul Lawrence and Kai Smith, who represented the coalition challenging I-2066.

"Frontline communities in Washington deserve a just energy transition where our health and well-being are at the center of each decision and policy. I-2066 was misleading and would undermine essential progress toward that future. We are encouraged that the Supreme Court affirmed that misleading campaigns must not become law and should not derail our progress toward climate justice for all Washingtonians," said Cameron Steinback, Transportation Justice Lead and Coalition Strategist, Front and Centered.

"King County is determined to ensure healthier, more efficient homes and neighborhoods," said King County Executive Girmay Zahilay. "I-2066 not only violated the state constitution; it threatened our ability to achieve our climate goals, keep utility bills affordable, and protect residents' health. That's why King County partnered with a coalition of climate organizations and supporters to protect access to clean energy, and together, we'll keep fighting for a clean energy future.”

The full list of plaintiffs on the lawsuit is included below. 

• Climate Solutions
• Sierra Club
• Washington Conservation Action
• Front and Centered
• Washington Solar Energy Industries Association
• Washington Physicians for Social Responsibility
• King County
• City of Seattle
• Anthony Maschmedt with Dwell Development

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.

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