For immediate release
August 10, 2021
Media contacts:
Maggie Gates, The Lands Council, mgates@landscouncil.org, 509-838-4912
Stephanie Noren, Climate Solutions, stephanie.noren@climatesolutions.org, 360-580-7885
Knoll Lowney, Smith & Lowney (legal), knoll@smithandlowney.com, 206-650-1044
Lawsuit to challenge validity of nationally backed ballot initiative
Prop 1 to be challenged in Spokane Superior Court
Spokane, WA—A challenge to a murky Spokane ballot initiative, Prop 1 (The Spokane Cleaner Energy Protection Act) became official yesterday with a lawsuit, filed in Spokane Superior Court, arguing that Prop 1 is an improper initiative and must be stricken from the ballot. The lawsuit alleges that Prop 1 violates several of the legal limitations on the local initiative process. A local initiative cannot be used to stop the city from carrying out state policy, to limit the City Council's statutory powers, or to address administrative issues. As Prop 1 violates all of these rules, Plaintiffs Kate Burke and the nonprofit Protect Spokane Action are seeking to strike the measure from the ballot.
"Courts strike improper initiatives from the ballot all the time, and that is what should happen here. Prop 1 tries to tackle issues that cannot be addressed by local initiative" said Knoll Lowney, Smith & Lowney PLLC, who is representing the Plaintiffs in the case.
The lawsuit comes amidst a summer of intense wildfires and poor air quality, worsening drought, and continued extreme heat that scientists and experts say is the direct result of climate change. Just this week, the IPCC’s new report announced a “hotter future is certain” and that these effects are intensifying impacts in the Pacific Northwest. Prop 1, which could preclude Spokane’s City Council from taking future action on climate change, was filed and written in direct response to Spokane’s draft sustainability action plan, which included a focus on building electrification and updating the city’s commercial building codes.
“As wildfire smoke hangs heavily in the Inland Northwest, it is a reminder that we need to take urgent action on climate change. This initiative is an unnecessary roadblock in Spokane's ability to reach our greenhouse gas reductions,” said Amanda Parrish Executive Director at The Lands Council.
A national strategy by oil and gas
The gas industry is known to be fighting building electrification policies and climate action across the country. In the Northwest, the gas-front group Partnership for Energy Progress has been actively using its millions of dollars to promote gas use as “safe,” “natural,” and “climate-friendly.” Beyond flashy PR campaigns, the gas industry is taking a more localized approach backing and resourcing preemption bills such as Prop 1. An NPR investigation found that preemption bills are part of a national strategy by the fossil fuel industry to eliminate communities’ local control over health, safety, climate, and energy issues. The American Gas Association—which is funded largely by ratepayers through its member utilities—is actively involved in pushing preemption bills around the nation, according to documents and recordings obtained by the Climate Investigation Center.
Gas use in buildings (10% of greenhouse gas emissions in the United States comes directly from combustion of gas in buildings) has recently come under a greater climate and health focus with cities across the United States taking action to promote building electrification and discontinue gas use for space and water heating. More than 50 cities in California have committed to going gas-free, with Washington State, Massachusetts, New York, and New Jersey also exploring phasing out gas. Notably, gas appliances are a leading source of air pollution inside buildings and homes. Gas cooking appliances emit nitrogen oxides (NOx), carbon monoxide (CO), fine particulate matter (PM 2.5), ultrafine particles, and formaldehyde, which compromise indoor air quality—even when they’re operating correctly.
Indoor air quality, during a season where many have been forced inside due to worsening air quality, wildfire smoke, and extreme heat is of utmost importance to community health. "When patients come into the ER struggling to breathe, nurses can administer treatments to help them in the immediate term. But we can't clean the hazardous air quality from wildfire smoke that keeps triggering their breathing difficulties. We can educate patients about how to stay cool during a heatwave, but we can't turn the temperature down to the atmosphere. It's clear that the fossil-fueled climate crisis is a public health crisis. We must stop burning fossil fuels, especially gas, or it will get much worse,” says Claire Richards, Ph.D., RN with Washington Physicians for Social Responsibility.
Spokane is already working in support of Washington’s climate goals
Washington State has made huge strides in taking action to address climate change and reduce greenhouse gas emissions and pollution with the support of Spokane’s local leaders and legislative representation. The City is already committed to 100% renewable energy by 2030 and passed resolutions in support of 2019’s Clean Energy Transformation Act (putting Washington on a path to 100% clean electricity by 2040) and 2021’s Clean Fuel Standard (reducing transportation emissions statewide). Spokane’s current efforts on its Sustainability Action Committee, led by community volunteers, demonstrates its continued commitment to supporting strong climate action.