Over the last five years, at least 25 states have expressly preempted local governments from enacting requirements, or even incentives, to construct new buildings that do not rely on natural gas as a fuel source. On December 6, 2024, two local governments finally fought back in court. Seattle and King County, Washington, along with various nonprofit and individual plaintiffs, brought suit against the state of Washington in Climate Solutions v. State of Washington. In their complaint, plaintiffs argue that the state's recent ballot initiative, Initiative Measure 2066 (I-2066) is unconstitutional and should be enjoined from taking effect. If successful, the effort would represent the first time a state's preemption law on natural gas restrictions for buildings was overturned or repealed for any reason, litigation included.
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Categories: Cities & Local Governments; Buildings; Cities Climate Law Initiative; Litigation; State Law;