March 27, 2025

Pacifica Clients Celebrate Win for WA Climate Progress as I-2066 Struck Down

A King County Superior Court judge ruled in favor of Pacifica Law Group’s clients last Friday, holding that Initiative 2066 (I-2066) violates the Washington Constitution. The ruling is a significant win for the integrity of elections and for Washington’s progress in addressing the climate crisis.

Last December, a broad coalition of public interest advocates, business interests, and local governments represented by Pacifica filed a lawsuit challenging I-2066, which voters narrowly approved in the November 2024 election. Among its far-reaching impacts, the initiative rolls back clean energy and energy-efficiency laws and programs.

In striking down I-2066, Judge Sandra Widlan ruled that I-2066 is unconstitutional on the three grounds the coalition had argued.

First, I-2066 violates the single-subject requirement of Washington’s Constitution. “The reason for the single-subject requirement is to prevent ‘logrolling,’ which is pushing through undesirable legislation by attaching it to . . . desirable legislation,” Judge Widlan said in her ruling. I-2066 did just that: it combined a requirement that certain cities, towns, and utilities provide natural gas service with a variety of other changes to state law, including undermining air pollution regulations and building efficiency standards. “These provisions are unrelated and not germane to one another,” Judge Widlan concluded.

Second, Judge Wildan agreed with Pacifica’s clients that the initiative’s title misled voters because it failed to indicate the Initiative’s scope. “Would a voter know from I-2066’s title that the initiative limits the ability of the government to regulate air pollution? . . . The answer . . . is no,” Judge Widlan ruled.

Third, the Court held that I-2066 failed to set forth in full each of the state law provisions it would alter, making it difficult or impossible for voters to discern the effects of I-2066.

Pacifica Partner Kai Smith, who argued on behalf of the coalition at the hearing, praised the decision. “We are pleased with the Court’s ruling, which recognizes the multiple constitutional defects with I-2066,” Smith said. “We are honored to represent this coalition in defending the integrity of the initiative process and Washington’s clean energy and clean air laws,” he added.

The plaintiff coalition includes Climate Solutions, Washington Conservation Action, Washington Solar Energy Industries Association, Front and Centered, Sierra Club, Washington Physicians for Social Responsibility, King County, the City of Seattle, Dwell Development, and local sustainable builder Anthony Maschmedt.

The Pacifica litigation team includes Smith, Paul Lawrence, Noe Merfeld, and Luther Reed-Caulkins.