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Washington’s key climate law is under attack. Big Oil wants it to survive.


It took Washington state more than a decade to put a price on carbon pollution. The effort to make corporations pay for the greenhouse gases they produce started in 2009 with a string of failed bills in the legislature. Frustrated, climate advocates in Washington took the idea directly to voters, putting initiatives on the ballot in 2016 and again in 2018, but both ballot measures flopped — the first defeated by infighting among environmentalists, the second by a $30 million publicity campaign paid for by oil money.

So it was a surprise when the state legislature finally managed to pass a cap-and-trade program in 2021, requiring that Washington slash its carbon emissions nearly in half by 2030, using 1990 levels as the baseline. Even more surprising, perhaps, was that the law was supported by BP, the same oil giant that had spent $13 million to kill one of the ballot initiatives three years earlier. Now the landmark law, the Climate Commitment Act, is under attack, threatened by a repeal effort bankrolled by a hedge-fund manager, and representatives for oil companies say they have nothing to do with it. In fact, oil giants want to keep it alive.   

“We have never been against the Climate Commitment Act,” said Kevin Slagle, vice president of communications for the Western States Petroleum Association, a lobbying group that represents oil companies including ExxonMobil, Chevron, and Shell. 

In 2023, its first year in operation, the state’s program generated more than $2 billion for projects to clean up transportation, shift to clean energy, and help communities adapt to the effects of a changing climate. But this fall, voters will get a chance to shut it all down. A ballot initiative started by Brian Heywood, a hedge fund manager exasperated with Washington state’s taxes and liberal politics, would kill the law and block the state from ever instituting a cap-and-trade program again. 

The existing legislation requires companies to buy pollution “permits” at quarterly auctions, a way to encourage emissions reductions and generate money for climate solutions. Heywood argues that the program has helped give the state some of the highest gas prices in the country and says that Governor Jay Inslee and other officials weren’t upfront about its potential effects on consumers. Last month, the state certified that the measure had gathered enough signatures to head to the ballot this fall.

Heywood’s campaign, called “Let’s Go Washington,” raised $7 million last year to qualify a total of six initiatives for the ballot. The proposals would repeal the state’s capital gains tax and reverse policing restrictions, among other things. Some $6 million of that money came from Heywood, but other donors include the state Republican Party and the Washington Bankers Association. The closest it gets to oil money is a $25,000 contribution from Five Point Capital, a private investment firm in Houston with a focus on oil, natural gas, and water infrastructure. The newly formed “No on 2117” committee opposing Heywood’s initiative has raised $1 million so far this year from the co-founder of Tableau Software, Chris Stolte, plus a $1,500 contribution attributed to Trudi Inslee, the governor’s wife.

While the Western States Petroleum Association isn’t backing the repeal, that doesn’t mean oil companies are happy with the current program. Slagle describes it as broken because the auctions have yielded high prices for pollution permits. His lobbying group has been releasing advertisements that align with Heywood’s message, connecting the climate law to high gas prices. It’s hard to know exactly how much the program has driven up prices, but estimates range from about a quarter to 50 cents a gallon, depending on whom you ask.

Slagle doesn’t agree with Heywood’s approach, though: He wants to work with legislators to address these shortcomings, not throw the law out. “I think what’s missed is that this can be solved without an initiative, right?” Slagle said. “This is what we’re saying. We’re actually in the middle of this, saying, ‘Hey, let’s fix this program.’”

BP, which left the Western States Petroleum Association in 2020 over the trade group’s opposition to certain climate policies in Washington state, is also in favor of keeping the Climate Commitment Act alive. “We believe that the market-based, economy-wide carbon pricing program will work, and we oppose the initiative to overturn it,” a spokesperson said in an email to Grist. 

The stakes of the repeal are high: Eliminating the cap-and-invest program would rip a $5 billion hole in the state’s transportation budget, taking away free public transit…



Read More: Washington’s key climate law is under attack. Big Oil wants it to survive.

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