Washington state regulations encouraging the use of electric appliances over gas appliances have withstood a legal challenge from the building industry and other trade groups.

U.S. District Judge Kymberly Evanson in Seattle ruled last week that the 11th Amendment, which prevents people from outside a state from suing the state in federal court, protected the defendant state officials from facing a federal lawsuit. 

In dismissing the case, Judge Evanson noted that the state legislature that enacted the energy regulations lacks supervisory power over the city and county officials responsible for enforcing the Washington Energy Code. 

The building industry viewed the state’s energy regulations, which established minimum performance standards and requirements for construction and construction materials, as impossibly stringent. They claimed the Energy Code improperly restricted the use of natural gas appliances in new residential and commercial construction.

The groups were concerned that the regulations either outright banned the use of certain gas appliances or imposed energy efficiency standards that gas appliances cannot satisfy. They also claimed that the federal Energy Policy and Conservation Act preempted the Washington energy regulations and should have rendered them unenforceable.

While the court reached its ruling solely on 11th amendment state sovereign immunity grounds, the decision could impact existing properties and represents a victory for Washington state in leaving the strict energy and efficiency regulations intact.

In 2023, the Ninth Circuit struck down a city’s ban on natural gas piping in newly constructed buildings in California Restaurant Association v. City of Berkeley. The appellate court found that federal law preempted the Berkeley ordinance. However, it amended its opinion to clarify that state and local governments still have many options available for promoting clean energy. 

The Spokane Home Builders Association didn’t immediately respond to a request for comment.