OLYMPIA…The Building Industry Association of Washington will join the Washington State Attorney General’s Office in defending Initiative 2066 against a constitutional challenge Friday in King County Superior Court.

King County Superior Court Judge Sandra Widlan will hear motions from the plaintiffs, including Climate Solutions, one of the most vocal critics of I-2066 and energy choice.

She will also hear arguments from the Attorney General’s Office and BIAW’s outside counsel. The AGO defends the initiative as state law, and BIAW joins as intervenor-defendants in the case as the sponsors of the initiative.

“This is a desperate attack on the will of the voters to protect natural gas as an energy choice,” said BIAW Executive Vice President Greg Lane. “These people have thrown up legal roadblocks every step of the way and we’ve continued to prevail. I fully expect to win this case as well.”

Where to watch the hearing

• What: Cross motions for summary judgment in Climate Solutions, et al. vs. State of Washington and BIAW.
• When: 1:30 pm on March 21
• Where: Courtroom 4J of the Maleng Regional Justice Center, 401- 4th Ave N, Kent, WA 98032

What opponents claim

In its motion for summary judgment, Climate Solutions, represented by Pacifica Law Group, claims I-2066 is unconstitutional because it violates:

• The single subject clause; and
• The subject-in-title requirement.

They also claim the initiative amends the law without setting forth the affected laws in their entirety.

How BIAW responds

In its summary judgment motion, BIAW argues:

• Sponsors carefully crafted I-2066 with a general title dealing with the overarching subject of preserving energy choice.
• I-2066 clearly informed voters it would repeal or prohibit laws and regulations that prohibit, discourage or otherwise ban the use of natural gas and/or promote electrification.
• I-2066 is a complete act.

What happens next

Widlan could rule on the motions on Friday, or she could take time for further review.

“We’re confident we will win this case,” Lane said. “And we will defend it all the way to the Supreme Court if necessary. The people of Washington have spoken, and we will fight to ensure their will is respected and upheld so families can have energy choice.”

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