Breaking News: Washington Delays Building Code Updates in Light of Ninth ‎Circuit Decision

Schwabe, Williamson & Wyatt PC

Schwabe, Williamson & Wyatt PC

On May 24, 2023, the Washington State Building Code Council (the “Council”) delayed implementation of Washington State’s updated building code from July 1, 2023, until October 29, 2023. This delay was in direct response to the Ninth Circuit’s ruling in California Rest. Ass’n v. City of Berkeley, No. 21-16278, 2023 U.S. App. LEXIS 9068 (Apr. 17, 2023).

The proposed code update would have required the use of heat pumps or other electric-based systems in lieu of natural gas systems. The Council has directed staff to convene two technical advisory groups to consider modifications to reduce the risk of federal preemption in light of the Ninth Circuit decision.

The changes to the Washington State Building Code also continue to face challenges, with a new suit filed earlier this week (specifically citing federal preemption under the Energy Policy and Conservation Act).

Your subscription has been received! Please give us a little more information about you and your interests so we can deliver the most relevant news and insights.

I’m interested in: (Check all that apply)


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Schwabe, Williamson & Wyatt PC | Attorney Advertising

Written by:

Schwabe, Williamson & Wyatt PC

Schwabe, Williamson & Wyatt PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide