Washington Court Rules I-2066 Unconstitutional, Protecting Public Health and Clean Energy Progress
A King County Superior Court judge has ruled that Initiative 2066 (I-2066) is unconstitutional, blocking a fossil fuel industry-backed effort to roll back Washington’s clean energy policies. The decision marks a critical victory for public health, clean air, and the state’s transition to affordable, non-polluting energy sources.
Judge Sandra Widlan ruled that I-2066 violates Washington’s constitutional "single-subject" rule for ballot initiatives, which is designed to prevent voter confusion and misleading legislation. The initiative, she said, was too broad in scope and failed to provide clear information on its sweeping effects on state and local laws, clean energy programs, and consumer protections.
“I-2066 is so broad, it requires a thorough examination of statutes [to determine its impacts]... In summary, I-2066 violates the single-subject requirement, the subject and title requirement, and the section-amended-shall-be-set-forth-at-full-length requirement. For these reasons, I-2066 is unconstitutional.” – Judge Sandra Widlan
Judge Widlan also emphasized that the ballot title misled voters about the initiative’s actual consequences:
“Would a voter know from I-2066’s title that the initiative limits the ability of the government to regulate air pollution… that building code standards as applied to gas appliances are impacted? The answer to that is no.”
I-2066 was pushed onto the 2024 ballot by fossil fuel interests, including the Building Industry Association of Washington and Let’s Go Washington, under the misleading claim that it would “protect energy choice.” In reality, Washington law has never banned gas appliances, and utilities have always been required to provide gas service to those who request it.
Instead, the initiative would have:
Rolled back bipartisan clean energy programs, making it harder for low-income households to access efficient electric appliances.
Weakened building efficiency standards, which help lower energy costs and reduce pollution.
Undermined Washington’s Clean Air Act, limiting the state’s ability to regulate fossil fuel emissions.
These policies were designed to protect public health, lower energy costs, and transition the state toward a clean energy future. I-2066 sought to undo them, prioritizing fossil fuel industry profits over Washington families.
Fossil gas, often marketed as "natural gas," poses significant risks to human health at every stage—from extraction and transportation to household use. The primary component of fossil gas is methane, a potent greenhouse gas with 84 times the heat-trapping potential of carbon dioxide over a 20-year period. Methane leaks throughout the supply chain—from fracking wells, pipelines, and even inside homes—exacerbating climate change and worsening air pollution.
The public health consequences of gas pollution are well-documented:
Fracking and fossil gas extraction have been linked to higher rates of cancer, heart disease, birth complications, and premature death, disproportionately harming low-income communities, Indigenous communities, and communities of color.
Gas stoves and home heating systems release nitrogen dioxide (NO₂) and fine particulate matter (PM2.5), pollutants that, if found outdoors, would violate federal air quality standards.
Children in homes with gas stoves experience 42% higher rates of asthma symptoms compared to those in homes with electric stoves.
Gas appliances release benzene, a known carcinogen, into indoor air, increasing risks of leukemia and other cancers.
Public health and environmental advocates celebrated the ruling as a major victory for Washington residents.
“I-2066, if fully enacted, would have severely restricted the ability of Washingtonians to make healthy choices about their home energy use and would have increased our exposure to toxic air pollution both indoors and out,” said Dr. Mark Vossler, President of Physicians for Social Responsibility. “We are pleased that this unconstitutional measure was struck down, allowing us to all breathe cleaner air.”
“Washington voters have made it clear that they support bold climate action and a transition to clean, renewable energy, and we applaud the court for throwing out this illegal initiative,” said Ben Avery, Washington Chapter Director of the Sierra Club. “This decision will ensure that our state stays the course in our critical work to protect clean air and our environment, while sending a strong message to polluting industries that using unconstitutional and misleading ballot initiatives is a waste of taxpayers' time and money.”
“With 2066 struck down, Washingtonians can get back to work towards a cleaner, healthier, more affordable energy future. This is a win for Washingtonians, not the fossil fuel lobby.” – Christina Wong, Vice President of Programs, Washington Conservation Action
“We are celebrating today’s ruling as a win for Washington families and for our state’s efforts to improve people’s lives,” said Leah Missik, Acting Washington Director with Climate Solutions. “We’ll continue working to keep energy bills affordable, especially as we prioritize cleaner air in- and outside of our homes and buildings.
Photo courtesy of Climate Solutions.
