The Washington Supreme Court’s 6–3 decision striking down Initiative 2066 is a troubling reminder that even a measure approved by nearly two million Washington voters can be nullified when courts conclude its provisions do not satisfy the state constitution’s single-subject requirement. The majority held that I-2066 combined four constitutionally distinct policies—protecting access to natural gas, limiting certain local air-quality authority, changing building-code requirements, and altering part of the Decarbonization Act—and said the provisions could not be separated without the court effectively rewriting the initiative. Supporters of affordable, reliable energy should take note: the ruling leaves I-2066 unconstitutional in its entirety and underscores the importance of drafting future citizen initiatives with clear, tightly connected provisions that can withstand judicial review.
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