Businesses, trade associations, utilities, and others lost their legal challenge to Washington state’s building energy code they claimed unlawfully promotes electric appliances over natural gas ones.
The Building Code council members and Washington’s attorney general are immune from the suit under the US Constitution’s Eleventh Amendment, Judge Kymberly K. Evanson of the US District Court for the Western District of Washington said Tuesday.
The groups argued the building code imposed efficiency standards that exceed federal requirements and, as a result, are preempted by the Energy Policy and Conservation Act. They also asserted that an exception to the amendment applied where ...
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