July, 18 2023, 04:40pm EDT
Federal Court Denies Gas Industry Request to Block Washington State's Climate-Friendly Building Codes
In a win for climate and health advocates, work will continue on Washington’s new building electrification codes
Yakima, Washington
A federal court ruling today allows Washington state to continue updating its statewide building codes to incentivize the use of electric appliances over those that use methane gas, thereby improving public health, saving energy and costs, reducing air pollution, and helping the state meet its statutory climate targets. In denying a request from the gas industry and homebuilding representatives asking the court to block implementation of the new building codes, the court found that industry plaintiffs’ claimed harms were “purely speculative.”
“Washington is committed to addressing climate change and the court will stay out of its way,” Chief Judge Stanley Bastian, U.S. District Court in Eastern Washington, said in his ruling. Judge Bastian said he did not want the further delay of an update to Washington State’s statewide building codes to have a “chilling effect” on other states and local communities wrestling with the important issue of climate change.
The new codes promote electric heat pumps over polluting methane gas in nearly all new commercial and residential buildings and are currently set to take effect in late October.
The code update is a critical tool to combat climate change. Buildings are the second largest carbon-producing sector in Washington state next to transportation, with methane, a potent greenhouse gas, commonly used to heat and cool buildings, cook food, and heat water.
This litigation challenging the new codes is part of a broader fossil fuel industry strategy to delay urgently needed climate and public health action across the nation. Climate and health advocates, and other states and local governments hoping to enact similar building codes, say today’s court decision signals encouraging forward movement in support of building electrification.
Jan Hasselman, senior attorney with Earthjustice: “The movement to phase out fossil gas in homes and businesses is unstoppable. The gas industry cannot stop it with lawsuits, lobbying, or disinformation, and we’re glad the Court agreed to let progress on these important codes continue.”
Dylan Plummer, a senior campaign representative with the Sierra Club: “Today’s ruling upsets the playbook of Big Oil and Gas corporations who are desperate to fight climate action and keep Washington hooked on polluting fossil fuels. As communities demand clean renewable electricity, entities like the State Building Code Council are leading the way to a cleaner and healthier future by putting in place policies to transition buildings off of polluting fracked gas. Our future will be powered by clean, renewable electricity.”
Background
According to state law, the Washington State Building Code Council (SBCC) is charged with reaching the goal of zero emissions from fossil fuels for buildings by 2031. Codes are updated every three years. The new codes, passed last year, are among the most progressive in the country.
Washington’s new building codes were initially set to take effect in July of this year. The SBCC sought amendments to the codes in May along with a delayed implementation date following the success of a legal challenge funded by the fossil fuel industry, when a federal appeals court in California overturned a City of Berkeley electrification ordinance. Even though that decision is being appealed and the Berkeley ordinance could be found lawful, the SBCC proactively decided to revise the new building codes to ensure they would comply with federal law including the Energy Policy and Conservation Act (EPCA).
EPCA sets national efficiency standards for many household and commercial appliances and prohibits states from setting their own efficiency standards for appliances where they have been set federally to avoid varied efficiency requirements across states. EPCA, however, explicitly allows cities to electrify buildings through local building codes by setting overall efficiency standards that favor electric appliances over burning fossil fuels. States can also establish indoor air quality standards that also favor electricity over polluting methane gas.
The amendments to the codes currently being considered by SBCC will effectively promote energy-efficient heat pumps for virtually all new construction without banning other forms of energy or technology. If the amendments are adopted, the new codes are set to take effect in October. If the SBCC determines it needs more time, the effective date could be later.
The litigation against these codes is part of a broader strategy by the gas industry to undermine and rollback electrification policy with litigation. Earlier this month, Avista, one of the plaintiffs in the lawsuit, was criticized for using ratepayer money to fund litigation in Oregon against the Climate Protection Program, one of the state’s landmark climate policies.
Plaintiffs in the case include the state’s three gas-only utilities (NW Natural, Cascade, and Avista) and construction companies. The defendant is the State Building Code Council. Earthjustice is representing climate and public health groups that have intervened on behalf of SBCC to defend the codes. Those groups include Climate Solutions, the Lands Council, NW Energy Coalition, Sierra Club and Washington Physicians for Social Responsibility.
The Earthjustice attorneys involved in defending Washington’s building codes are Jan Hasselman and Noelia Gravotta.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
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In Blow to 'Fetal Personhood' Push, Alabamian Serving 18 Years After Stillbirth Gets New Trial
"I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection," said Brooke Shoemaker, who has already spent five years in prison.
Dec 30, 2025
While Brooke Shoemaker and a rights group representing her in court are celebrating this week after an Alabama judge threw out her conviction and ordered a new trial, her case is also drawing attention to the dangers of "fetal personhood" policies.
"Laws and judicial decisions that grant fetuses—and in some cases embryos and fertilized eggs—the same legal rights and status given to born people, such as the right to life, is 'fetal personhood,'" explains the website of the group, Pregnancy Justice. "When fetuses have rights, this fundamentally changes the legal rights and status of all pregnant people, opening the door to criminalization, surveillance, and obstetric violence."
Since the US Supreme Court's Dobbs v. Jackson Women's Health Organization ruling ended the federal right to abortion in 2022, far-right activists and politicians have ramped up their fight for fetal personhood policies. Pregnancy Justice found that in the two years after the decision, the number of people who faced criminal charges related to their pregnancies hit its highest level in US history.
Shoemaker's case began even earlier, in 2017, when she experienced a stillbirth at home about 24-26 weeks into her pregnancy. Paramedics brought her to a hospital, where she disclosed using methamphetamine while pregnant. Although a medical examiner could not determine whether the drug use caused the stillbirth—and, according to Pregnancy Justice, "her placenta showed clear signs of infection"—a jury found her guilty of chemical endangerment of a minor. She's served five years of her 18-year sentence.
"After becoming Ms. Shoemaker's counsel in 2024, Pregnancy Justice filed a petition alongside Andrew Stanley of the Samford Law Office requesting a hearing based on new evidence about the infection that led to the demise of Ms. Shoemaker's pregnancy, leading the judge to agree with Pregnancy Justice's medical witness and to vacate the conviction," the rights group said in a Monday statement.
Lee County Circuit Judge Jeffrey Tickal wrote in his December 22 order that "should the facts had been known, and brought before the jury, the results probably would have been different."
Shoemaker said Monday that "after years of fighting, I'm thankful that I'm finally being heard, and I pray that my next Christmas will be spent at home with my children and parents... I'm hopeful that my new trial will end with me being freed, because I simply lost my pregnancy at home because of an infection. I loved and wanted my baby, and I never deserved this."
Although Tickal's decision came three days before Christmas, the 45-year-old mother of four remained behind bars for the holiday last week, as the state appeals.
"While we are thrilled with the judge's decision, we are outraged that Ms. Shoemaker is still behind bars when she should have been home for Christmas," said former Pregnancy Justice senior staff attorney Emma Roth. "She was convicted based on feelings, not facts. Pregnancy Justice will continue to fight on appeal and prove that pregnancies end tragically for reasons far beyond a mother's control. Women like Ms. Shoemaker should be allowed to grieve their loss without fearing arrest."
AL.com reported Tuesday that "Alabama is unique in that it is one of only three states, along with Oklahoma and South Carolina, where the state Supreme Court allows the application of criminal laws meant to punish child abuse or child endangerment to be applied in the context of pregnancy."
However, similar cases aren't restricted to those states. Pregnancy Justice found that in the two years following Dobbs, "prosecutors initiated cases in 16 states: Alabama, California, Florida, Idaho, Kentucky, Mississippi, Nebraska, New Mexico, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Texas, Wisconsin, and Wyoming. While prosecutions were brought in all of these states, to date, the majority of the reported cases occurred in Alabama (192) and Oklahoma (112)."
This is fantastic news!!I wrote in my book how the medical examiner ruled the cause of the stillbirth "undetermined," but the coroner (who lacks medical training) instead listed cause of stillbirth as mom's meth usage on the fetal death certificate.
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— Jill Wieber Lens (@jillwieberlens.bsky.social) December 30, 2025 at 12:25 PM
"Prosecutors used a variety of criminal statutes to charge the defendants in these cases, often bringing more than one charge against an individual defendant," the group's report continues. "In total, the 412 defendants faced 441 charges for conduct related to pregnancy, pregnancy loss, or birth. The majority of charges (398/441) asserted some form of child abuse, neglect, or endangerment."
"As has been the case for decades, nearly all the cases alleged that the pregnant person used a substance during pregnancy," the report adds. "In 268 cases, substance use was the only allegation made against the pregnant person. In the midst of a wide-ranging crisis in maternal healthcare and despite maternal healthcare deserts across the country, prosecutors or police argued that pregnant people's failure to obtain prenatal care was evidence of a crime. This was the case in 29 of 412 cases."
When the publication was released last year, Pregnancy Justice president Lourdes A. Rivera said in a statement that "the Dobbs decision emboldened prosecutors to develop ever more aggressive strategies to prosecute pregnancy, leading to the most pregnancy-related criminal cases on record."
"This is directly tied to the radical legal doctrine of 'fetal personhood,' which grants full legal rights to an embryo or fetus, turning them into victims of crimes perpetrated by pregnant women," Rivera argued. "To turn the tide on criminalization, we need to separate healthcare from the criminal legal system and to change policy and practices to ensure that pregnant people can safely access the healthcare they need, without fear of criminalization. This report demonstrates that, in post-Dobbs America, being pregnant places people at increased risk, not only of dire health outcomes, but of arrest."
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'A Wake-Up Call': Scientists Find 2025 Among Hottest Years on Record
"2025 was full of stark reminders of the urgent need to cut climate pollution, invest in clean energy, and tackle the climate crisis now."
Dec 30, 2025
Climate change driven by human burning of fossil fuels helped make 2025 one of the hottest years ever recorded, a scientific report published Monday affirmed, prompting renewed calls for urgent action to combat the worsening planetary emergency.
Researchers at World Weather Attribution (WWA) found that "although 2025 was slightly cooler than 2024 globally, it was still far hotter than almost any other year on record," with only two other recent years recording a higher average worldwide temperature.
For the first time, the three-year running average will end the year above the 1.5°C warming goal, relative to preindustrial levels, established a decade ago under the landmark Paris climate agreement.
"Global temperatures remained very high and significant harm from human-induced climate change is very real," the report continues. "It is not a future threat, but a present-day reality."
"Across the 22 extreme events we analyzed in depth, heatwaves, floods, storms, droughts, and wildfires claimed lives, destroyed communities, and wiped out crops," the researchers wrote. "Together, these events paint a stark picture of the escalating risks we face in a warming world."
The WWA researchers' findings tracked with the findings of United Nations experts and others that 2025 would be the third-hottest year on record.
According to the WWA study:
This year highlighted again, in stark terms, how unfairly the consequences of human-induced climate change are distributed, consistently hitting those who are already marginalized within their societies the hardest. But the inequity goes deeper: The scientific evidence base itself is uneven. Many of our studies in 2025 focused on heavy rainfall events in the Global South, and time and again we found that gaps in observational data and the reliance on climate models developed primarily for the Global North prevented us from drawing confident conclusions. This unequal foundation in climate science mirrors the broader injustices of the climate crisis.
The events of 2025 make it clear that while we urgently need to transition away from fossil fuels, we also must invest in adaptation measures. Many deaths and other impacts could be prevented with timely action. But events like Hurricane Melissa highlight the limits of preparedness and adaptation: When an intense storm strikes small islands such as Jamaica and other Caribbean nations, even relatively high levels of preparedness cannot prevent extreme losses and damage. This underscores that adaptation alone is not enough; rapid emission reductions remain essential to avoid the worst impacts of climate change.
“If we don’t stop burning fossil fuels very, very, quickly, very soon, it will be very hard to keep that goal” of 1.5°C, WWA co-founder Friederike Otto—who is also an Imperial College London climate scientist—told the Associated Press. “The science is increasingly clear.”
The WWA study's publication comes a month after this year's United Nations Climate Change Conference—or COP30—ended in Brazil with little meaningful progress toward a transition from fossil fuels.
Responding to the new study, Climate Action Campaign director Margie Alt said in a statement that "2025 was full of stark reminders of the urgent need to cut climate pollution, invest in clean energy, and tackle the climate crisis now."
"Today’s report is a wake-up call," Alt continued. "Unfortunately, [US President Donald] Trump and Republicans controlling Congress spent the past year making climate denial official US policy and undermining progress to stave off the worst of the climate crisis. Their reckless polluters-first agenda rolled back critical climate protections and attacked and undermined the very agencies responsible for helping Americans prepare for and recover from increasingly dangerous disasters."
"Across the country, people are standing up and demanding their leaders do better to protect our families from climate change and extreme weather," Alt added. "It's time those in power started listening.”
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Judge Slaps Down Trump Administration Scheme to 'Starve' Nation's Top Consumer Protection Watchdog
"If the CFPB is not there, people have nowhere to turn when they get cheated," said Sen. Elizabeth Warren.
Dec 30, 2025
President Donald Trump and his administration have been openly plotting to scrap the nation's top consumer protection watchdog, but a federal judge has at least temporarily put those plans on hold.
US District Judge Amy Berman Jackson ruled on Tuesday that the US Federal Reserve must continue providing funds to the Consumer Financial Protection Bureau (CFPB), rejecting the Trump administration's claims that the nation's central bank that the nation's central bank currently lacks to "combined earnings" to fund the bureau's operations.
The administration had argued that the Federal Reserve should not be making payments to the CFPB because it has been operating at a loss since 2022, when it began a series of aggressive interest rate hikes aimed at taming inflation.
However, Jackson rejected this reasoning and accused the administration of using it as a cover to defund an agency that the president and top officials such as Russell Vought, director of the Office of Management and Budget, had long expressed a desire to abolish.
"It appears that defendants’ new understanding of 'combined earnings' is an unsupported and transparent attempt to starve the CPFB of funding," the judge wrote.
The CFPB must now be funded at least until the DC Circuit of Appeals weighs in on an ongoing lawsuit brought by the National Treasury Employees Union (NTEU) against Vought over layoffs at the agency that is scheduled for hearings in February.
The NTEU took a victory lap in the wake of the ruling and taunted Vought for his defeat.
"Yet another loss for Rusty Vought," the union posted on Bluesky. "Wonder how much longer Donald is going to put up with this?"
While it will continue to receive funding for the time being, the CFPB has still seen its ability to fulfill its mission severely diminished during Trump's second term.
A Tuesday report from Reuters claimed that the CFPB is "on the brink of collapse" given that the Trump administration, congressional Republicans, and industry lawsuits have "undone a decade's worth of CFPB rules on matters ranging from medical debt and student loans to credit card late fees, overdraft charges and mortgage lending."
The report also noted that, during Trump's second term, the CFPB has "dropped or paused its probes and enforcement actions, and stopped supervising the consumer finance industries, leading to a string of resignations" at the agency.
Sen. Elizabeth Warren (D-Mass.), who first drew up plans to create the CFPB in the wake of the 2008 global financial crisis, explained the agency's importance in an interview with Reuters.
"I was stunned by the number of people in financial trouble who had lost a job or got sick but who had also been cheated by one or more of their creditors," she said. "For no agency was consumer protection a first priority, it was somewhere between fifth and 10th, which meant there was just no cop on the beat. If the CFPB is not there, people have nowhere to turn when they get cheated."
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