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Natural gas initiative won at the ballot box, but opponents plan to keep fighting it in court

A close up of a gas stove burner with blue flames coming out around a black metal disc, four black arms extend over the heat source.
Thomas Kienzle
/
AP
In this Jan. 11, 2006 file photo, a gas-lit flame burns on a natural gas stove in Stuttgart, Germany.

Campaigns on both sides of the natural gas initiative agree that it has passed.

Initiative 2066 aims to protect access to natural gas for homes and businesses in Washington. As of Wednesday afternoon, election results show the initiative narrowly passing, with about 51% of voters in favor, to 48% against.

But that doesn’t mean I-2066 will become law. The opponents announced their intent to file suit even as they conceded the election. They say the initiative violates the single-subject requirement in the state constitution and that it confused voters.

The aim of the rule is to protect against "logrolling" of multiple proposals to gather "yes" votes, although a voter might not individually approve all proposals.

Leah Missik, Washington deputy policy director with Climate Solutions, served on the executive committee for the "NO on I-2066" campaign.

“Previous initiatives have been struck down by the courts because they have, for example, combined a very specific, immediate action with a very broad and general future requirement. And you see that in this initiative very clearly,” Missik said.

She said it specifically requires certain utilities and local governments to provide natural gas, while also repealing and amending a broad assortment of regulations on emissions and clean energy. Missik said about 5% of voters skipped voting on it – an indication of confusion.

Backers of the initiative say they carefully crafted the measure to survive legal challenges and that it’s all about the single subject of consumer energy choice.
Steve Gordon is co-chair of Let’s Go Washington, the political action committee behind the initiative.

“It was constructed by a legal team that knows the ins and outs of that, and that's experienced. So, you know, we'll see what the court says,” he said, adding that he thinks there’s a risk in fighting over election results in court.

“This is the direct voice of democracy. And trying to take that out of people's hands based on legal technicalities really breeds a lot of cynicism.”

Gordon said the state’s transition away from natural gas has ramped up too quickly, and will leave homeowners and businesses with newer hookups to face huge expenses if the initiative doesn’t hold up in court.

The opposition said the state needs to phase natural gas out quickly, because of its outsized impact on the climate. About a quarter of greenhouse gas emissions are attributed to natural gas in Washington.

They said if the initiative passes, lower-income residents will face bigger utility bills and less energy choice, because it would prohibit rebate programs. Such programs are currently offered by many local governments for things like electric heat pumps, which provide home heating while also filtering and cooling the air in summer.

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Bellamy Pailthorp covers the environment for KNKX with an emphasis on climate justice, human health and food sovereignty. She enjoys reporting about how we will power our future while maintaining healthy cultures and livable cities. Story tips can be sent to bpailthorp@knkx.org.