Gas Initiative Overturned
Washington Supreme Court Overturns Voter-Approved Natural Gas Initiative on Single-Subject Rule
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Key Points
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Initiative 2066 would have required utilities to provide natural-gas service to any person or business requesting it and barred the Washington Utilities and Transportation Commission from approving multiyear rate plans that required or incentivized ending gas service.
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The initiative’s challengers included Climate Solutions, Washington Conservation Action, Front and Centered, King County and the city of Seattle, which argued that the measure should be invalidated.
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Justice Salvador Mungia’s dissent said three sections improperly “silently amend[ed] the law” in ways voters could not understand, but argued that the rest of the initiative could be upheld; he wrote that courts should construe initiatives in favor of constitutionality when possible.
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The court’s single-subject ruling was aimed at preventing “logrolling”—combining unrelated proposals so a measure can attract support even when voters may not approve of every individual change.
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Attorney General Nick Brown defended the initiative before the Supreme Court despite personally opposing it, saying his responsibility was to enforce laws approved by Washington voters.
The Washington Supreme Court struck down Initiative 2066 on Wednesday, invalidating a ballot measure that 52% of voters approved in November 2024. The court ruled 6-3 that the initiative violated the state Constitution's single-subject rule by combining four separate policy proposals into one measure MyNorthwest.
The initiative would have required utilities to provide natural gas service to anyone requesting it and blocked the Utilities and Transportation Commission from approving rate plans that incentivized ending gas service Bloomberg Law. The ruling prompted sharp reactions, with supporters saying the court rejected the will of nearly two million voters, while environmental groups argued the decision protected the state's clean energy goals.
Court Says Initiative Mixed Too Many Topics Together
Chief Justice Debra Stephens wrote that Initiative 2066 combined four distinct subjects that could not be separated. The measure addressed natural gas access, limited government restrictions on gas service, weakened building codes favoring heat pumps, and reversed parts of a law guiding Puget Sound Energy's transition away from gas Bloomberg Law. Courts apply the single-subject rule to prevent "logrolling"—combining unrelated ideas so measures attract support even when voters might reject individual pieces.
Justice Mungia Argues Initiative Should Have Survived
In his dissent, Justice Salvador Mungia said most of the initiative should have been preserved MyEdmonds News. He argued that three sections improperly changed existing law in ways voters could not understand, but said courts should favor constitutionality when possible. Mungia believed the remainder of the measure could stand on its own without those problematic parts.
Attorney General Defended Measure Despite Personal Opposition
Attorney General Nick Brown defended Initiative 2066 before the Supreme Court even though he personally opposed it MyNorthwest. Brown said his responsibility was to enforce laws approved by Washington voters, not to block measures based on his own views. The initiative's challengers included Climate Solutions, Washington Conservation Action, Front and Centered, King County, and Seattle.
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