A Thurston County judge has dismissed a lawsuit initiated by the Building Industry Association of Washington (BIAW) that aimed to accelerate the state Building Code Council's alignment of energy regulations with Initiative 2066. This voter-approved initiative encourages the use of electric heat pumps over natural gas in new construction, amending previous regulations. Judge John Skinder expressed that the lawsuit serves to raise awareness about the council’s responsibilities, although he found no basis for the legal complaint. Following the ruling, BIAW officials indicated plans to file a new complaint against the council under the Administrative Procedures Act. Concurrently, a separate lawsuit is in progress in King County Superior Court, where opponents of Initiative 2066 argue that it is unconstitutional for violating citizen initiative provisions.

The plaintiffs, which include various environmental organizations and local governments, contend that the initiative fails to adhere to legal requirements about single-subject initiatives. A key hearing for this lawsuit is scheduled for March 21, adding another layer of complexity to the ongoing legal challenges. The outcomes of these cases could significantly impact Washington's energy policy and construction practices moving forward.