Federal judge rejects challenge to state’s energy-efficient building rules

SEATTLE — A federal judge in Tacoma has rejected a challenge to Washington state’s new energy-efficient building standards.

The Building Industry Association of Washington had sued a state agency last May, saying a section of the state’s building energy code imposes energy efficiency st

andards higher than those set by the federal government.

U.S. District Judge Robert J. Bryan on Monday sided with the Washington State Building Code Council and several conservation groups that had filed court papers to defend the new standards.

He ruled the building trade group failed to show that the state code requires them to use products with higher efficiency than mandated by federal standards as the only way to comply with the code. He dismissed the case.

“It’s very favorable ruling for the state and for the public, and it sets a great precedent for other states,” the Council’s managing director Tim Nogler said Monday.

Nogler said the standards would reduce overall energy use by 15 to 18 percent for new commercial and residential construction.

The new rules adopted in 2009 require builders to choose from a menu of options to make homes environmentally friendly, such as by using high-efficiency furnaces or water heaters. The rules took effect Jan. 1, 2011.

The energy code was scheduled to take effect on July 1, 2010, but Gov. Chris Gregoire last year asked the State Building Code Council to delay them until this April. She said it was needed to help the construction industry stabilize.

The council temporarily delayed the rules in response to the governor’s request, but voted last October to implement the code at the start of this year.

A call to the BIAW wasn’t immediately returned Monday. The BIAW has argued the rules are overly restrictive, too costly and would make homes unaffordable. Its lawsuit said the code would add between $5,000 and $15,000 to the price of a single-family home.

Conservation groups, including the Sierra Club, the NW Energy Coalition, the Washington Environmental Council and Natural Resources Defense Council applauded the ruling. The groups said the code will save residents money, and reduce global warming pollution.

“This decision represents an important victory not only for Washington, but also for other states that have adopted similar energy savings measure,” said Noah Long, of the Natural Resources Defense Council.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Judge Joseph Wilson rules that Flock footage is subject to public records requests during hearing for the City of Everett vs. Jose Rodriguez at the Snohomish County Courthouse on Tuesday, Feb. 24, 2026 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County judge rules Flock camera footage is public record

The ruling comes as state lawmakers debate a bill that would exempt automated license plate reader footage from the Public Records Act.

U.S. Sen. Patty Murray and Community Transit CEO Ric Ilgenfritz step onto one of Community Transit’s electric buses during a tour and roundtable at Community Transit’s corporate headquarters on Wednesday, Feb. 18, 2026 in Everett, Washington. (Olivia Vanni / The Herald)
Community Transit shares updates during Sen. Murray roundtable

U.S. Sen. Patty Murray, D-Wash., heard updates from the transit agency on electric buses, shuttle service and its new bus rapid transit line.

Arlington
Man convicted of manslaughter after stabbing death of his friend on a camping trip

The third trial for Alexander Vanags, of Arlington, came to a close Thursday after five weeks in Whatcom County Superior Court.

A semi truck drives across Bridge 102 located just east of Granite Falls on Wednesday, Dec. 8, 2021. (Olivia Vanni / The Herald)
County Council votes to donate historic Granite Falls Bridge

The Council voted unanimously to preserve its significance once a replacement bridge is complete.

An Orca card on Wednesday, Nov. 1, 2023. (Annie Barker / The Herald)
ORCA readers will soon accept tap to pay

Riders can use digital payments like Apple Pay or Google Pay to pay fares, along with debit and credit cards.

Everett Mayor Cassie Franklin talks about the 2025 budget with the city council before voting on Wednesday, Dec. 4, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
In letter, community groups ask Everett to take action on ICE

Everett mayor Cassie Franklin said she would issue a directive next week to address the concerns raised by the letter, signed by over 30 nonprofits and businesses.

Megan Wolfe, the executive director of the Snohomish County’s Girls on the Run, at her office on Thursday, Feb. 12, 2026 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
SnoCo nonprofit teaches running and life skills simultaneously

Girls on the Run hopes to teach students confidence and people skills while getting them to be active.

Gage Wolfe, left, a senior at Arlington High School and Logan Gardner, right, a senior at Marysville Pilchuck High School work with their team to construct wooden framed walls, copper plumbing, electrical circuits and a brick facade on Tuesday, Feb. 10, 2026 in Marysville, Washington. (Olivia Vanni / The Herald)
High schoolers construct, compete and get career-ready

In Marysville, career technical education students showed off all they’d learned at the SkillsUSA Teamworks Competition.

The Edmonds City Council on Tuesday, Jan. 6 in Edmonds, Washington. (Will Geschke / The Herald)
Edmonds issues moratorium on development in Deer Creek aquifer

The ordinance passed unanimously Tuesday, giving the city time to complete a study on PFAS in the area.

Taylor Scott Richmond / The Herald
Getchell High School students protest ICE during their walkout demonstration on Wednesday in Marysville.
Marysville students peacefully protest ICE

Around 150 Getchell High School students walked out of school to line 67th Avenue Northeast as cars drove by on Wednesday morning.

Logo for news use featuring Snohomish County, Washington. 220118
Snohomish County voters continue to approve most school levies, bonds

The Monroe School District operations levy, which was failing after initial results, was passing Thursday with 50.4% of the vote.

People fish from the pier, hold hands on the beach and steer a swamped canoe in the water as the sun sets on another day at Kayak Point on Monday, June 12, 2023, in Stanwood, Washington. (Ryan Berry / The Herald)
Kayak Point Park construction to resume

Improvements began in 2023, with phase one completed in 2024. Phase two will begin on Feb. 17.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.