There is currently a nationwide, bipartisan movement defanging the 2010 Citizen’s United decision. States are seeking to exercise a fundamental states’ right to define the powers granted to corporations, ensuring these do not extend to engaging in ballot measure or election activities.
This has been called the “Montana Plan,” or “Corporate Power Reset,” and Hawaii has already passed their initiative into law this past July. 25 other states are following suite with their own initiatives, including a prominent ballot initiative in Montana.
Former transportation secretary Pete Buttigieg and Congresswoman Alexandria Ocasio-Cortez have both endorsed the Montana Plan while stumping in Butte and Missoula, respectively.
Here in Washington state, Senate Bill 6358 is part of this movement. SB 6358 was sponsored by Sens. Hasegawa and Chapman, filed March 9, 2026, and sent to the Law & Justice Committee. This would add a new chapter to Title 23B RCW, the state’s business corporation act.
The nonprofit Fix Democracy First is a prominent supporter of SB 6358, and groups supporting environmental causes should be as well. No environmental legislation is truly safe until SB 6358 is also passed.
Citizens United – made obsolete
Too often, communities feel unheard as their political representatives—from city council members up to Congress—do not hear their concerns over the influence of corporations. Prior to Citizens United, the direct use of corporate resources to advocate for a candidate was limited to traditional press activities, which are exempt from most campaign finance rules.
Now, corporations such as X/Twitter are able to use their immense resources in support of preferred candidates. Over $1.9 billion was spent in undisclosed funds during the 2024 election alone, according to the Brennan Center for Justice at NYU Law. On a local level, this means large corporations, including out-of-state or foreign companies using unlimited donations through PACs and dark money “nonprofit” groups with anonymous donors, are able to meddle with Washington state politics to influence data center locations or funding for tax breaks over infrastructure or schools.
The current federal Supreme Court is not likely to side with cases challenging Citizens United v. FEC. But individual states are finding a way around this, and moving ahead.
This does not affect the Bill of Rights’ First Amendment at all—the Citizens United decision included a note by Justice Scalia that characterized the power of corporations to engage in political spending as entirely separate from constitutional rights. Corporations only exist by powers granted in each state, and states routinely prohibit corporations from making investments in other corporations, incurring debt, and other limitations[1].
For those in favor of states exercising their rights and ensuring that even the smallest communities are able to have their voices heard—this is what SB 6358 enables for Washington. This is a bipartisan issue.
What this means for environmental nonprofits
Washington state has a robust environmental framework—but also resources and communities that attract corporations. Ensuring that the best environmental decisions are made from the state to the local level means taking corporations out of elections.
Environmental groups and others may have concerns about the implications of SB 6358. But environmental nonprofits still existed before 2010 and were able to engage with and inform politicians—passing SB 6358 simply means that groups no longer have to compete against dark money groups that have increased in numbers and size of political donations since the Citizens United decision.
Individuals would still retain the full right to write personal checks in support of local candidates and issues, as well as donate to PACs. Nonprofits and for-profit corporations may continue to educate the public and advocate on relevant issues, before and after any election.
Has this strategy worked in the past?
This will not be the first time states will work to overturn seemingly insurmountable odds. By coordinating state chartering laws, public nuisance litigation, and joint market standards, coalitions of states routinely force national industries to adopt sweeping changes.
The power of state-led coalition building was demonstrated in 1998 through the Tobacco Master Settlement Agreement. As Attorney General of Washington, Christine Gregoire served as the lead negotiator coordinating 46 state attorneys general against major tobacco manufacturers.
Rather than relying on federal legislation, the states filed joint public nuisance and Medicaid recovery lawsuits. The resulting settlement required tobacco companies to pay over $206 billion to states, dismantled billboard and youth-targeted advertising, and funded national anti-smoking public campaigns. This state-driven action directly contributed to reducing national adult smoking rates from over 40% in the mid-20th century to near 10% today.
Washingtonians should ensure that our voice in politics is not drowned out by corporate money. Our state legislators need to hear that people are interested and environmental groups are in favor of SB 6358. Washington needs to once again step up alongside this state-led effort for nation-wide change.
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