Wednesday, March 8th, a lawsuit was announced in WA state, challenging the state's ban on the sale of new gas-powered vehicles after 2030. The suit was filed by the Citizen Action Defense Fund of WA State.

  The lawsuit says the ban violates the Constitution

According to their news release:

"CADF is an independent, nonprofit organization based in Washington State that supports and pursues strategic, high-impact litigation in cases to advance free markets, restrain government overreach, and defend constitutional rights."

 The lawsuit was filed on behalf of two businessmen, identified in court records as Kurt Wilson and Kevin Russel, and was filed in Thurston County. According to the suit: (in part from court papers)

 "This lawsuit seeks a declaration that RCW 70A.30.010 (“the Act”) is unconstitutional. The Act is attached to this Complaint as Exhibit A.  This lawsuit also seeks a declaration that WAC 173-423-030 (the “Rule”) is impermissible, void, inconsistent with the enabling statute, adopted in violation of the Administrative Procedure Act, and therefore void."

In 2020., according to the information release, and legislative records, the WA State Legislature passed a law that required the Department of Ecology to adopt whatever rules were passed by the California Air Resources Board (CARB).

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According to the CADF, this gave the Department of Ecology and unelected officials a "blank check" to impose whatever rules and statutes they wishes, but in doing so violated the state constitution by abdicating their power to another state (CA).

According to CADF Executive Director Jackson Maynard:

“The State Legislature cannot outsource its lawmaking to an unelected board of another state.  Washingtonians deserve to have vital issues decided by open votes so that legislators and the governor can be held accountable at the ballot box.  The rules passed by Ecology sidestep this basic constitutional right.”

If the court agrees with the plaintiff, the lawsuit asks the 2030 ban and its associated requirements will be declared null and void.

To learn about the CADF, click here to be taken to their website.

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