The Building Industry Association of Washington (BIAW) today joined the Washington Hospitality Association in expressing deep disappointment with the Washington Supreme Court's 6-3 decision striking down Initiative 2066, Washington’s energy choice initiative.

"Today's decision represents a direct rejection of the clearly expressed will of Washington voters," said BIAW Executive Vice President Greg Lane. "Nearly two million citizens voted in favor of Initiative 2066 because they believed families and businesses should retain the freedom to choose the energy source that best meets their needs. The Court has now taken that choice away from them. This is government telling the people, ‘Your opinion doesn’t matter.’"

“We're disappointed in today's ruling,” said Anthony Anton, President and CEO of the Washington Hospitality Association. “Nearly 2 million Washington voters supported I-2066 because they understood what rising energy mandates mean for the cost of running a restaurant or hotel in this state.

“This decision doesn't change the underlying challenge our members face: the cost and feasibility of converting commercial kitchens and building systems away from natural gas,” he said. “The Washington Hospitality Association will keep advocating — at the Legislature and, where relevant, at the federal level — for energy policy that gives our members realistic timelines and real choices, rather than mandates that raise costs for operators and, ultimately, guests.”

Voters approved I-2066 in November 2024 after more than 546,000 Washingtonians signed petitions to place the measure on the ballot. The initiative preserved energy choice by ensuring continued access to natural gas service for homes, businesses and communities throughout the state.

The Supreme Court held the initiative was unconstitutional because it violated the single-subject requirement in the state Constitution.

Working with the Attorney General’s Office to defend the law, BIAW argued throughout the case that Initiative 2066 complied with the Washington Constitution and protected the rights of consumers, homeowners and employers while preserving affordable and reliable energy options.

The association warned that a ruling against the initiative would have significant implications for Washington's citizen initiative process, the lawmaking process and voters' confidence that decisions made at the ballot box will be respected.

Ramifications for the Legislature

Today’s decision creates a new precedent for what a “single subject” is for enacting laws in Washington. Lane said the implications of this new standard are much broader than limiting the initiative process.

"Today’s ruling must be applied consistently to both the legislative process and the initiative process," Lane said. “The Court has now greatly limited the Legislature as well through this ruling. All laws approved by the Legislature also must comply with this new standard created by the court, which puts many of the laws approved by the Legislature now in legal doubt.”

No further appeals

Because the Washington Supreme Court is the state's highest court on questions of state law and constitutional interpretation, the decision brings the court challenge to Initiative 2066 to an end.
"While today's ruling concludes this particular state constitutional challenge, it does not end the broader fight to protect energy choice in Washington," Lane said.

Continuing the fight

Although the Washington Supreme Court's decision concludes the state court litigation over Initiative 2066, legal challenges involving natural gas access and consumer energy choice remain active.

Litigation is ongoing in other states, including New York, where challenges to natural gas restrictions could ultimately be reviewed by the United States Supreme Court. A decision from the nation's highest court could provide much-needed clarity and a consistent nationwide interpretation of EPCA and its application to state and local energy regulations.

"Washington voters may have lost this battle, but the larger legal fight over energy choice is far from over," Lane said. "We remain committed to defending consumer choice and pursuing policies that support affordability, reliability and energy security."

Lane thanked the hundreds of thousands of Washingtonians who signed the initiative petitions, the nearly two million voters who supported the measure, and the coalition of businesses, labor organizations, local governments and community leaders who defended its constitutionality. He said the association will continue advocating for policies that preserve affordability, reliability and energy choice throughout the state.

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About BIAW

BIAW is the voice of the housing industry. The state’s largest trade association with more than 8,200 member companies, BIAW promotes and protects the vitality of the building industry so more Washington families can enjoy the American Dream of owning a home. Learn more at www.biaw.com.

About the Washington Hospitality Association

Hospitality is the industry that serves. The Washington Hospitality Association delivers wins for the largest group of private employers in the state. The 286,000 jobs the industry provides are the backbone of our state’s economy. The association works at the state and local levels to find proactive solutions to the challenging issues facing the industry and its workforce. It supplies its members with programs, services and information they need to deliver great local experiences, ensure the success of their employees and help their communities thrive. The Washington Hospitality Association became one of the state’s largest trade associations in 2016 when the Washington Restaurant Association and Washington Lodging Association joined forces in a combined association. We are proud to serve more than 6,200 members in Washington state.

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