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

The new Crucible Brewing owners Johanna Watson-Andresen and Erik Andresen inside the south Everett brewery on Wednesday, Nov. 27, 2024. (Olivia Vanni / The Herald)
South Everett brewery, set to close, finds lifeline in new owners

The husband and wife who bought Crucible Brewing went on some of their first dates there.

The Mukilteo Lighthouse. Built in 1906, it's one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo council passes budget with deficit, hopes for new revenue

Proponents said safeguards were in place to make future changes. Detractors called it “irresponsible.”

Andy Bronson/ The Herald 

Everett mayor Ray Stephenson looks over the city on Tuesday, Jan. 5, 2015 in Everett, Wa. Stephanson sees  Utah’s “housing first” model – dealing with homelessness first before tackling related issues – is one Everett and Snohomish County should adopt.

Local:issuesStephanson

Shot on: 1/5/16
Economic Alliance taps former Everett mayor as CEO

Ray Stephanson will serve as the interim leader of the Snohomish County group.

Molbak's Garden + Home in Woodinville, Washington will close on Jan. 28. (Photo courtesy of Molbak's)
After tumultuous year, Molbak’s is being demolished in Woodinville

The beloved garden store closed in January. And a fundraising initiative to revitalize the space fell short.

Lane Scott Phipps depicted with an AK-47 tattoo going down the side of his face. (Snohomish County Superior Court)
Man gets 28 years in Lynnwood kidnapping case

Prosecutors also alleged Lane Phipps shot at police officers, but a jury found him not guilty of first-degree assault charges.

The sun sets beyond the the Evergreen Branch of the Everett Public Library as a person returns some books on Friday, Nov. 11, 2022, in Everett, Washington. (Ryan Berry / The Herald)
‘A brutal hit’: Everett library cuts will lead to reduced hours, staffing

The cuts come as the city plans to reduce the library’s budget by 12% in 2025.

People take photos of the lights surrounding the the fountain at the the entrance to the Tulalip Resort & Casino on Wednesday, Dec. 4, 2024 in Tulalip, Washington. (Olivia Vanni / The Herald)
Record Tulalip holiday display lights up the night

The largest light display in Washington is free of charge and open through Jan. 12.

Neepaporn “A” Boungjaktha (Snohomish County)
Snohomish County executive director takes new gig with Port of Seattle

Neepaporn “A” Boungjaktha joined the county in 2022. Her last day will be Jan. 2.

Refugee and Immigrant Services Northwest Senior Associate ESL Instructor James Wilcox, right, works on speaking and writing with Anfal Zaroug, 32, who is accompanied by her daughter Celia Hassen, 6 months, on Friday, Nov. 15, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
What will Trump’s immigration policy mean for Snohomish County?

The president-elect has vowed to ramp up deportations and limit legal immigration.

People walk into the Everett Library off of Hoyt Avenue on Tuesday, Dec. 3, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
How will new Everett library hours affect its programs?

This month, the two branches scaled back its hours in light of budget cuts stemming from a city deficit.

The Evergreen Branch of the Everett Public Library is open and ready for blast off. Dillon Works, of Mukilteo, designed this eye-catching sculpture that greets people along Evergreen Way.   (Dan Bates / The Herald)
Snohomish County awards money to improve warming, cooling centers

The money for HVAC improvements will allow facilities to better serve as temporary shelters for weather-related events.

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)
Everett council approves $644M budget with cuts to parks, libraries

The budget is balanced, but 31 employees are losing their jobs after cuts were made to close a deficit.

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.