The Washington Supreme Court on Thursday tossed a voter-approved initiative that barred state and local governments from restricting natural gas and required gas and utility companies to provide natural gas to individuals or corporations, even if other energy sources are available.
In a 6-3 decision, the court found that the initiative violated the state's single-subject requirement and is thus "unconstitutional in its entirety." The majority decision was written by Chief Justice Debra Stephens.
Stephens wrote that the constitution "forbids combining separate subjects in a single bill or initiative, requiring instead that distinct subjects be enacted separately to protect against unconstitutional logrolling and to ensure transparency in the legislative process."
"I-2066 violates this single-subject rule because it includes several provisions with markedly distinct purposes and regulatory effects, embracing four distinct subjects," Stephens wrote.
The ruling found that provisions relating to utility policies, building codes and air-pollution regulations were not connected, but were instead different subjects.
"I-2066 contains four constitutionally distinct subjects and a severability clause," Stephens wrote. "It is impossible for us to assess which of these four subjects, if any, would have received majority support had they been presented alone at the November 2024 general election."
In his dissent, Justice Sal Mungia wrote that the court could have upheld "much of I-2066 as constitutional and should do so."
Initiative 2066 was passed in the 2024 election with 51.7% of the vote and received approval in 34 of the state's 39 counties. In Spokane County, 59.9% of voters approved the initiative.
Shortly after it was passed, climate groups including Climate Solutions, Washington Conservation Action, and Front and Centered, as well as King County and the city of Seattle, challenged the initiative and alleged it violated the single-subject clause. Last year, a King County judge found the initiative was unconstitutional.
"What a win for Washington families in keeping our energy affordable and clean," Gregg Small, Executive Director of Climate Solutions, said in a statement. "And we welcome this timely ruling in support of clearer, more honest information on how initiatives impact our lives and communities."
Dylan Plummer, deputy director of the Sierra Club's Clean Heat Campaign, said the initiative was an example of logrolling, or "packaging a host of different issues that confuse voters in order to ram through unpopular reforms that the public would not support.
"The Supreme Court's ruling is a clear refutation of this cynical tactic by the fossil fuel industry to roll back a host of energy efficiency, clean air and climate policy with this misleading initiative," Plummer said in a statement.
Greg Lane, executive vice president of the Building Industry Association of Washington, which defended the initiative, said in a statement Thursday the decision "represents a direct rejection of the clearly expressed will of Washington voters.
"Nearly two million citizens voted in favor of Initiative 2066 because they believed families and businesses should retain the freedom to choose the energy source that best meets their needs," Lane said. "The Court has now taken that choice away from them. This is government telling the people, 'Your opinion doesn't matter.' "
State Sen. Matt Boehnke, R-Kennewick, said in a statement Thursday that voters "had their say on I-2066."
"They voted to preserve access to natural gas and protect families' and businesses' ability to choose the energy source that works for them," Boehnke said. "Today's ruling doesn't erase what voters told us."
Boehnke added that he would "continue working with homebuilders, businesses and others to protect energy choice and find a path forward in the Legislature."
© 2026 The Spokesman-Review (Spokane, Wash.). Visit www.spokesman.com. Distributed by Tribune Content Agency, LLC.
