The Washington Supreme Court ruled on September 17, 2026, that Initiative 2066 (I-2066) is unconstitutional. This decision affects various stakeholders, including local governments, utility companies, and environmental organizations. The court found that I-2066 violated the state's constitutional requirement that legislative measures must address only a single subject.
This ruling is significant as it impacts the state's approach to energy regulation, particularly concerning natural gas. The initiative, which was approved by voters in November 2024, sought to limit local governments' ability to regulate natural gas and amend existing environmental laws. The court's decision underscores the importance of adhering to constitutional guidelines when enacting legislation through popular initiatives.
Background
Initiative 2066 was introduced by a coalition of environmental and community organizations, including Climate Solutions, Washington Conservation Action, and the Sierra Club. The initiative aimed to protect access to natural gas by prohibiting local governments from discouraging its use and rolling back certain environmental regulations. Specifically, it sought to amend the Washington Decarbonization Act and limit the authority of local air quality regulators.
The measure was passed by Washington voters in the 2024 general election, but it quickly faced legal challenges. Climate Solutions and other groups argued that I-2066 was unconstitutional on multiple grounds, including that it encompassed more than one subject and failed to adequately express its subjects in its title. The King County Superior Court initially ruled in favor of Climate Solutions, declaring the initiative unconstitutional. The State of Washington, along with the Building Industry Association of Washington, appealed this decision.
The Ruling
The Washington Supreme Court, led by Chief Justice Stephens, affirmed the lower court's ruling but on narrower grounds. The court held that I-2066 violated the single-subject requirement outlined in Article II, Section 19 of the Washington Constitution. The court stated, "Because the provisions that introduce distinct subjects are not severable, I-2066 is unconstitutional in its entirety." This means that the various provisions of the initiative, which included regulations on natural gas access, air quality standards, and building codes, were deemed too diverse to be included in a single legislative measure.
The court emphasized the importance of maintaining constitutional limits on legislative power, stating that the people's authority to enact laws through initiatives is subject to the same constraints as those applied to legislative bills. The ruling clarified that initiatives must have rational unity among their provisions and that I-2066 failed to meet this standard.
Impact
The court's decision has significant implications for energy policy in Washington State. By striking down I-2066, the ruling reinstates the authority of local governments and air quality regulators to impose restrictions on natural gas usage and to pursue decarbonization efforts. This may lead to renewed efforts to implement stricter environmental regulations and promote cleaner energy alternatives.
Additionally, the ruling sets a precedent for future initiatives, reinforcing the importance of adhering to the single-subject rule. This may deter future attempts to bundle unrelated provisions into a single initiative, ensuring that voters can clearly understand the implications of the measures they are voting on.
What's Next
Following this ruling, it is unclear whether the State of Washington or any other parties will seek to appeal the decision or propose a new initiative addressing similar issues. However, the court's clear stance on the single-subject requirement may influence future legislative efforts regarding energy policy and environmental regulations in the state.