The Washington State Supreme Court today announced it will accept direct review of a lawsuit challenging the constitutionality of Initiative 2066.

Approved by nearly 2 million voters in November 2024, I-2066 protects natural gas as an energy choice in Washington state.

A fresh chance to preserve energy choice

“We are fighting political efforts to ban natural gas in Washington because it limits homeowners’ choices, stresses our energy grid and drives up the cost of utilities and housing for consumers,” said BIAW’s Executive Vice President Greg Lane. “When we crafted I-2066, we focused on a singular goal – preserving natural gas as an energy choice for current and future homeowners.”

After spending years fighting multiple efforts to ban or restrict natural gas as an energy choice in Washington, BIAW filed the initiative in May 2024.

Shortly after BIAW filed the initiative, I-2066 opponents mounted an unsuccessful legal challenge to the initiative’s title that delayed the ability to gather signatures. Both sides ultimately agreed to the title that appeared before voters.

Despite the legal delay, BIAW and natural gas proponents gathered more than a half a million signatures in just seven weeks. Opponents then filed an unsuccessful lawsuit challenging the certification process.

“Opponents have fought us every step of the way,” Lane said. “We’re confident the Washington State Supreme Court will reject this latest challenge as the frivolous claim it is.”

Constitutional challenge keeps natural gas choice in limbo

Fringe environmental groups, the City of Seattle, and King County challenged the constitutionality of the new initiative in King County Superior Court shortly after it passed in 2024.

BIAW and the Washington Attorney General’s Office countered their arguments that I-2066 violates the single-subject, subject in title and amendment by reference requirements in the State Constitution.

“Every single section of 2066 addresses protecting the choice to access and use natural gas,” Lane said. “Because political extremists at all levels use every avenue available in their quest to ban natural gas, there were many places in state law that needed to be changed to ensure that customers continue to have an energy choice.

“And that’s what 2066 does—ensures Washington residents and businesses can access natural gas if they want it,” Lane said. “The initiative was clear and voters clearly understood they were voting for energy choice.”

King County judge rules as expected

King County Superior Court Judge Sandra Widlan heard the constitutional challenge to I-2066 on March 21 with former governor Jay Inslee in the courtroom. Inslee, who appointed Widlan, made banning natural gas a top priority during his time as governor.

Shortly after hearing arguments, Widlan issued an oral ruling in favor of the Plaintiffs. She then waited nearly two more months before filing the final order, delaying the ability to appeal and keeping the initiative implementation in limbo.

Next steps

Now that the Supreme Court has accepted direct review of the I-2066 case, the case may be set on the court’s calendar for the fall or winter.

Both parties kept the case moving while the State Supreme Court was on recess. The Attorney General’s Office and BIAW filed their opening briefs on July 28, 2025.

Read BIAW’s Brief of Appellant Intervenors

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