After the Departments of Ecology and Commerce repeatedly failed to provide legally required CO2 emissions data, Washington Policy Center announced today that it is suing both Departments to force the agencies to comply with RCW 70A.45.020. The law requires Ecology and Commerce staff to report statewide greenhouse gas emissions for the preceding two years at the end of an even-numbered year. The lawsuit was filed in Thurston County Superior Court.

“Washington state claims to be a leader in climate policy but policymakers don’t even have recent data to determine if our policies are working,” said Washington Policy Center Vice President for Research Todd Myers. “The state’s climate resilience strategy says, ‘Climate change is a problem for today — not tomorrow,’ and yet at Ecology’s current rate, legislators won’t have data about 2024 emissions until 2029. Ecology should do its job today, not tomorrow or years from now.”

Earlier this year, Ecology staff released data only through 2021, not through 2023 as required by law.

Department of Ecology staff and a spokesperson for former Governor Inslee do not deny they are in violation of the law but claim that compliance is complicated and that “developing the new inventory approach takes time.” The law was adopted in 2008.

“Complaining that compliance with the law is complicated is not an excuse Department of Ecology staff accept from companies they regulate. It should not be accepted from Ecology either,” added Myers.

The most recent CO2 data released by Ecology staff show Washington is above the CO2 level required to meet the 2030 emissions targets. To meet the 2030 goal, Washington must reduce statewide emissions by the equivalent of more than three reductions of the size that occurred during the COVID lockdowns.

“Washington state is wasting hundreds of millions of dollars on frivolous and ineffective climate projects,” said Myers. “That failure is hidden by the delay in reporting accurate data.”

WPC is being represented by the Citizen Action Defense Fund, a public interest nonprofit law firm with a proven track record of holding state and local governments accountable by ensuring they play by the rules so that the public’s constitutional rights are protected.