Judge Dismisses WA Farmer’s Lawsuit Over CCA Fuel Price Exemptions

When the legislature passed WA State's Climate Commitment Act (the cap and trade pollution tax) they created a carveout, or exemption for the ag industry and related transporters. They were supposed to not have to pay the increased fuel prices. But that never happened.

  Lawsuit filed against state, and Department of Ecology

Despite claims from Gov. Inslee and other officials, the CCA caused a spike in gas prices between $.50 and $.52 cents per gallon, which has remained in place. Ag producers were not supposed to have to pay any increases, due to their huge fuel demands.  The DOE was supposed to create the carveout or exemption program, but apparently they never did.

In January of last year, ag producers began to notice the exemption program was not in place, and DOE claimed they were 'not' required to create it. Eventually, a lawsuit was filed. According to My Edmonds News:

"The Washington Farm Bureau, the Washington Trucking Association and others sued the department a year ago after months of frustrations among farmers and truckers who said they were not receiving exemptions from extra charges that fuel companies attribute to the state’s Climate Commitment Act. Their hope was that the lawsuit would force Ecology officials to have formal discussions about how to fix the problems."

Get our free mobile app

However, a Thurston County Superior Court Judge dismissed the lawsuit, but dismissed it without prejudice, meaning the plaintiffs could refile later. Little explanation was given about the dismissal.

Come this November, if Initiative 2117 (one of the Lets Go WA initiatives) passes, it will do away with the CCA altogether, making the fuel surcharge a moot point. Sources say the plaintiffs are watching this closely, it is believed their decision to try again will hinge on whether I-2117 passes.