Barreto v. Florida Public Service Commission

A Florida Circuit Court dismissed a lawsuit in which youth plaintiffs alleged that the Florida Public Service Commission violated their rights under the Florida Constitution by classifying as suitable utilities’ Ten-Year Site Plan reviews that projected use of fossil fuels. The court found that the plaintiffs’ claims were “nearly identical” to claims dismissed in an earlier case, <a href="https://www.climatecasechart.com/collections/reynolds-v-florida_f9af47">Reynolds v. State</a>. As in that case, the court concluded that this case must be dismissed under the political question and separation of powers doctrines. The court found that the plaintiffs’ claims focused on policy decisions reserved for the Florida Legislature such as the type of fuel to be used to generate electricity and the effects of pollution. The court also found that the plaintiffs “failed to cite any manageable standard” to guide the court in determining whether the Commission’s decisions violated the Constitution. In addition, the court found that the plaintiffs’ alleged climate change-related injuries did not satisfy standing requirements for causation and redressability.