The Attorney General’s Office and the Building Industry Association of Washington today filed formal grounds for direct review of the constitutional challenge to Initiative 2066 with the Washington Supreme Court.

Both filed notices of appeal in late May. In this latest legal motion, both parties make their case for the Supreme Court to the constitutionality of I-2066.

A single subject, clearly stated

“I-2066 concerns a single subject—preserving energy choice,” said Greg Lane, Executive Vice President of the Building Industry Association of Washington. “Both those who challenge this initiative and the court helped craft its title before it went onto the ballot. The title very clearly put voters on notice of all the provisions in the initiative. And all of those provisions were  necessary to amend all the laws and regulations passed to try to ban natural gas in Washington.

“We look forward to Supreme Court review,” Lane said. “We’re confident they will uphold this clearly crafted initiative so Washington can have the freedom to use natural gas as an energy choice they voted to support in November.”

Superior Court judge erred in ruling 2066 unconstitutional

In March, King County Superior Court Judge Sandra Widlan issued an oral ruling, holding that I-2066 violated the single-subject rule, the subject-in-title rule, and the complete act rule of the state constitution.

“The superior court clearly erred, and in so doing thwarted the will of Washington voters,” Lane said. “I-2066 complies with the Constitution and is a valid exercise of the people’s power to change state policy through the initiative process.”

What’s next?

If the Supreme Court accepts direct review of the I-2066 case, the case may be set on the court’s calendar for the fall or winter. If the Supreme Court denies direct review, they will automatically transfer it to the Court of Appeals for determination.

‍