The Washington Supreme Court ruled on September 17, 2026, that Initiative 2066 (I-2066) is unconstitutional, overturning a voter-approved measure that sought to repeal climate legislation targeting natural gas use. The decision removes a cloud of uncertainty over Washington’s climate legislation, at least as it relates to the phase-out of natural gas, and businesses using, selling, or distributing natural gas in the state will now need to comply with legislative mandates aimed at phasing out Washington’s reliance on fossil fuels in the next few decades.
Court Invalidates Initiative on Single Subject Grounds
A six-justice majority of the Washington Supreme Court determined that I-2066 violated Article II, Section 19 of the state Constitution, which mandates that legislation address only a single subject. The initiative attempted to repeal or restrict multiple laws related to natural gas regulation, including measures from the Clean Building Performance Standards, the Climate Commitment Act, and the 2024 Decarbonization Act for Large Combination Utilities. By encompassing diverse provisions, the initiative exceeded constitutional limits on the scope of ballot measures.
The court’s ruling in Climate Solution et al. v. State of Washington upheld a lower court decision that had already blocked I-2066. The coalition behind the lawsuit—including King County, the City of Seattle, environmental groups, and industry associations—argued that the initiative improperly combined multiple policy areas. With the decision, all provisions of the initiative that would have restricted local governments, utilities, or regulators from addressing natural gas use are now void.
Legislative Context and Climate Goals
The invalidated initiative emerged amid aggressive climate legislation passed by the Washington Legislature in the years before the 2024 election. In 2019, the Clean Building Performance Standards were enacted to reduce the carbon intensity of buildings by encouraging electrification and discouraging fossil fuel use for heating and cooling. The 2021 Climate Commitment Act established a declining cap on greenhouse gas emissions and created a cap-and-trade program for large emitters.
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In 2024, lawmakers passed the Decarbonization Act for Large Combination Utilities, requiring gas and electric providers to promote building electrification and develop cost-effective pathways to reduce emissions. Concurrently, amendments to the Washington State Building Code aimed to encourage the adoption of code provisions discouraging the use of natural gas for heating and cooling in new buildings, strengthening the earlier-adopted goal of eliminating new buildings that use fossil fuels by 2031. The initiative sought to undo these measures by prohibiting local governments and some utilities from restricting natural gas use, limiting air quality regulators’ authority, and blocking building code changes favoring electrification.
Election Results and Legal Challenges
Let’s Go Washington, a political action committee, successfully placed four initiatives on the 2024 ballot, including I-2117 to repeal the Climate Commitment Act and I-2066 to block natural gas restrictions. While I-2117 was rejected by voters, I-2066 passed with about 51.7% support. The coalition that challenged the measure argued it unlawfully combined multiple policy areas, a claim the King County Superior Court agreed with in 2024. The state Supreme Court affirmed this decision, emphasizing that initiatives must not “include more than one subject.”
Impact on Natural Gas Industry and Future Action
With I-2066 struck down, the legislative and regulatory framework for reducing natural gas dependence remains intact.
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