NPI thanks Judge Sandra Widlan for striking down the BIAW and Brian Heywood’s unconstitutional I-2066

In the Courts

Today, Judge Sandra Widlan issued a comprehensive, thorough ruling striking down the Building Industry Association of Washington and Brian Heywood’s deceitful measure seeking to keep Washington wedded to methane gas, a dirty and dangerous fossil fuel that the state has begun transitioning away from in favor of clean energy alternatives.

Judge Widlan found that the BIAW and Heywood’s Initiative 2066 violates Article II, Section 19 and Article II, Section 37 of the Washington State Constitution, granting a nonprofit-led coalition of plaintiffs represented by Pacifica Law Group summary judgment against the measure.

While Widlan’s decision is certain to be appealed to the Washington State Supreme Court, it is nevertheless a huge initial victory in the case, and increases the likelihood that I-2066 will be relegated to the dustbin of history, perhaps by year’s end.

NPI founder and executive director Andrew Villeneuve, who was present in the courtroom for oral argument and the ruling on the organization’s behalf, thanked Judge Widlan for delivering a verdict that upholds the Constitution and respects Supreme Court precedent.

“The Washington State Constitution is the supreme law of the land,” said Villeneuve. “It’s the plan of government for our republic. It protects majority rule with minority rights. It defines our core freedoms and bars their infringement. And, importantly, it prohibits deceitful and manipulate legislating practices like logrolling. All laws — whether they originate in the Legislature or from the people by citizen petition — must follow the Constitution.”

“The Building Industry Association of Washington failed to do that when they wrote Initiative 2066. They concocted a scheme to sabotage the work we’ve undertaken as a state to move away from dirty, dangerous fossil fuels like methane gas, and peddled it to voters using fabrications, including the false claim that it was needed to stop a gas ban, when in reality, there is no gas ban.”

“Now, they are realizing the consequences of writing a deceptive, malicious initiative and attempting to mask its harms. Our system of checks and balances worked today: it’s the responsibility of our judiciary to uphold the Constitution and say what the law is.”

“Judge Widlan fulfilled her oath. She read the briefs, studied the case law, heard all parties, and came back with a thorough verdict firmly rooted in precedent. Her well-reasoned decision ought to hold up on appeal when the Supreme Court gets the case.”

“This decision is a big victory for Washington’s communities. It’s worth celebrating, especially at a time when our U.S. Constitution is being trampled on by two of our federal government’s three branches, and sometimes disregarded by the third.”

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Permanent Defense works to protect Washington by building a first line of defense against threats to the common wealth and Constitution of the Evergreen State — like Brian Heywood's initiative factory. Learn more.

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