WA trade groups seek federal intervention to block state gas ban

Eight Washington state trade organizations, led by the Building Industry Association of Washington, are hoping their recent appeal to the federal government will stop what they regard as state overreach in energy policy.

On May 27, the eight trade organizations sent a letter to U.S. Attorney General Pam Bondi asking the U.S. Department of Justice to protect against states implementing gas bans that violate the Energy Policy and Conservation Act.

The letter specifically calls on the DOJ to act on President Donald Trump’s April 8 executive order removing impediments to domestic energy production by enforcing federal law and preventing states from enacting harmful gas bans.

“In early April, President Trump issued an executive order regarding energy and asked the Department of Justice to look at state policies that they consider to be an overreach, or to be out of compliance with existing federal law,” BIAW Executive Vice President Greg Lane said. “We certainly believe there's a number of those examples here in Washington state, whether it's the state building code council with their energy code or with the natural gas ban passed by the Legislature.”

Lane was referencing the 2021 Washington State Energy Code, which promotes using heat pumps for both space and water heating, replacing traditional fossil fuel and electric resistance systems. He also referenced Engrossed Second Substitute House Bill 1589, which allows Puget Sound Energy to end gas service to customers, forcing them to convert to electricity.

Lane told The Center Square that several other organizations and contractors signed the letter.

“The Associated General Contractors, the Food Industry Association, and a number of others sent the letter to the attorney general asking the Department of Justice to take a look at those policies and laws passed in Washington and consider putting Washington on their list of states that they target in their inquiry,” he said.

He explained that Trump’s executive order gave the Department of Justice 60 days to report to the president.

“So, I think that is sometime next week to produce a report back that outlines those state and local policies that they feel are out of compliance, and that they're going to target with action,” Lane explained. “We gave them a list of what we felt like were the most egregious in the state of Washington that drive up costs for families here and threaten individual energy security.”

Lane said BIAW is confident that Washington’s energy code and associated costs, as well as the de facto gas ban and associated costs, fit the definition of imposing unnecessary costs on consumers, which is what Trump’s executive order targeted.

In November 2024, Washington voters approved Initiative 2066 to block the state's efforts to phase out natural gas.

In March, King County Superior Court Judge Sandra Widlan ruled that I-2066 violated the single-subject rule and subject and title requirements and invalidated it.

As reported by The Center Square, BIAW recently asked the Washington Supreme Court to take direct review of a Widlan’s ruling.

Lane said the setback in the King County ruling was expected and would not deter BIAW.

“We're fighting this however we can,” he said. “The increased costs associated with implementing the energy codes will never be paid off in terms of energy savings to consumers who purchase those homes. Then, of course, by cutting off natural gas and forcing consumers to convert to all electric and all the costs associated with that, it’s a lot, and we're not giving up.”

Widlan did not enter her oral ruling against I-2066 into the official court record until May 9, 49 days after the ruling and one day after The Center Square noted the lengthy delay, which BIAW contends was intentional to prevent filing an appeal request with the state Supreme Court.

“That was part of our frustration, and we think it was intentional to keep us from getting on their [state Supreme Court] docket before June,” Lane said. “So now we have to wait until September. We likely won't hear exactly what the date will be of the hearing until sometime this summer.”

Lane said the state’s highest court can decline the direct appeal, but he doesn’t believe that will happen.

“Given the history of these appeals and the issues involved, it would be very unusual, and we don't expect at all that they will decline to hear it,” he reasoned. “We think we're one of the most egregious states and certainly should be high on their priority list.”

The Center Square contacted the State Building Code Council for comment on the letter to the DOJ, but did not receive a response.

Other trade organizations that signed the letter: Associated Builders and Contractors of Western Washington; Associated Builders and Contractors Inland Pacific chapter; Northwest Wall and Ceiling Contractors Association; NW Hearth, Patio & Barbecue Association; and the Washington Air Conditioning Contractors Association.