The Washington Supreme Court heard oral arguments Jan. 22 in a closely watched case challenging the constitutionality of Initiative 2066, the voter-approved measure that protects natural gas as an energy choice statewide.

The court’s decision is not expected for several months.

“Our hope is the Court will recognize the urgency of this case and provide a ruling as quickly as possible,” said BIAW Executive Vice President Greg Lane.  “The 546,000 citizens who signed the initiative and the nearly 2 million voters who supported its passage deserve a resolution soon – and a decision that upholds the strong public support of the initiative.”

Approved in November 2024, I-2066 preserves consumer choice and energy reliability for Washington’s energy future by ensuring continued access to natural gas for every home, business and community currently being served by natural gas.

Case background

The Washington Supreme Court accepted direct review of the case on Sept. 3, 2025, and is considering the challenge “de novo,” meaning the justices are reviewing the case on its merits without deference to a King County Superior Court ruling.

“I-2066 was carefully drafted to preserve energy choice for homeowners and businesses,” Lane said. “It clearly complies with the state constitution’s single-subject rule. Any ruling otherwise would have enormous consequences not just for the citizens’ right to initiatives, but also for many past and future laws approved by the State Legislature. We encourage swift action affirming the constitutionality of our initiative so builders and homeowners can have certainty and energy security as soon as possible.”

Broad statewide support

Seven amicus memoranda or briefs were filed supporting the Attorney General’s Office and BIAW’s position defending the constitutionality of I-2066. Supporting organizations and groups emphasized economic stability, energy reliability, housing affordability and respect for voter intent.

The briefs came from business, construction, housing, manufacturing, hospitality and labor interests, as well as local government, highlighting the real-world impacts of uncertainty around Washington’s energy policy.

What’s next

BIAW encourages the court to issue its ruling in the coming months, but the exact timeline of a decision is the sole discretion of the Court.