
Proponents of last fall’s voter-approved gas initiative may be upset with how the state is implementing the law but that isn’t stopping them from working with the state to defend it against a constitutional challenge.
The Building Industry Association of Washington (BIAW) and Washington State Attorney General’s office will be in King County Superior Court on March 21 to argue that Initiative 2066, which allows the continued installation of natural gas in new home construction, is state law, according to a release.
Opponents argue the initiative is unconstitutional for not meeting ballot language requirements and should be voided.
King County Superior Court Judge Sandra Widlan will hear motions from plaintiffs including environmentalist group Climate Solutions as well as the state. BIAW is joining as intervenor-defendants in the case as the sponsors of the initiative.
Widlan may rule on the case March 21 or take time to review the arguments.
“We’re confident we will win this case,” said Greg Lane, BIAW’s executive vice president, in a release. “And we will defend it all the way to the Supreme Court if necessary. The people of Washington have spoken, and we will fight to ensure their will is respected and upheld so families can have energy choice.”
BIAW’s partnership with the state is not universal. The association has filed a second lawsuit against the State Building Code Council in Thurston County Superior Court for not moving quickly enough to implement I-2066. Its first lawsuit against the council was dismissed by a Thurston County judge for not seeking redress under the appropriate state law.