(The Center Square) – The Building Industry Association of Washington (BIAW) now has the green light to ask the Washington Supreme Court to consider an appeal of a ruling by a King County judge that struck down an initiative protecting natural gas as an energy choice in Washington.
As reported by The Center Square, King County Superior Court Judge Sandra Widlan struck down Initiative 2066 in March, but had not, as of Thursday, entered the ruling in the court record, 48 days post ruling.
Late Friday, Widlan finally entered the order. BIAW suggested reporting by The Center Square about the delay in the ruling being entered into the record may have pressured the judge to upload her ruling.
“Typically, you know, the order gets filed within a couple [of] days of a judge making a decision like this, so for it to have taken this long to get a final order in place is extremely irregular, unusual and really unheard of,” said BIAW Executive Vice President Greg Lane. He added he believed the judge’s delay was “an intentional strategy” to prevent BIAW from filing an appeal.
The March 21 ruling from Widlan found the scope of Initiative 2066, approved by nearly two million Washington voters in November, was too broad and violated the state Constitution’s single-subject requirement, thus invalidating the measure.
If a superior court judge rules a law unconstitutional, the case can bypass the intermediary courts of appeal and be considered on direct appeal by the state Supreme Court.
Per BIAW, plaintiffs have 14 days to file a notice of appeal once the order is on the records. Then, “within 15 days after filing the notice of appeal, the parties seeking direct review must serve on all other parties and file in the Supreme Court a statement of grounds for direct review.”
If the Supreme Court accepts direct review of the case, it could be set for arguments in the fall or winter. If SCOW denies direct review, it will be automatically transferred to the Court of Appeals for determination.
The Washington State Building Code Council has advised local jurisdictions that handle building codes to abide by 2021 standards that disincentivize natural gas.
BIAW told The Center Square now that the order invalidating 2066 has been filed in the court record, the building industry association is coordinating with the state attorney general’s office for next steps in the appeal process.
Even as the fight over natural gas as an energy choice continues in Washington, the federal government last month reversed the Biden administration’s recent attempt to ban certain natural gas water heaters.
According to the National Association of Home Builders (NAHB), “the Biden administration’s push for a shift to more expensive condensing gas water heaters present[ed] substantial hurdles for remodeling and replacement projects, especially in older homes.”
Natural gas is the primary energy source for millions of American homes and businesses. But those who support phasing out natural gas argue its use releases methane and other greenhouse gases into the atmosphere, contributing to climate change.
