Dunn v. Wisconsin Public Service Commission

Fifteen youth plaintiffs filed an action against the Wisconsin Public Service Commission (PSC) and Wisconsin Legislature challenging Wisconsin laws that allegedly “perpetuate a fossil fuel-based electricity system” and violate the plaintiffs’ rights under the Wisconsin Constitution. In particular, the plaintiffs challenged laws (1) prohibiting the PSC from considering air pollution when deciding whether to approve or deny applications for a Certificate of Public Convenience and Necessity for construction of electric generation facilities and (2) setting limits on the PSC’s authority to impose renewable energy development and procurement requirements on electric providers that exceed the level mandated by Wisconsin’s Renewable Portfolio Standard. The complaint alleged that each plaintiff was suffering “significant injuries from Defendants’ conduct that results in harmful air pollution and is exacerbating climate change, injuries that worsen with each additional ton of GHG emissions authorized by Defendants because of the laws challenged herein.” They asserted violations of rights to liberty, life, and a stable climate system as well as the right to access, enjoy, and use navigable waters and their beds under Wisconsin Constitution Article I § 1. They also asserted a violation of the public trust doctrine codified in Wisconsin Constitution, Article IX § 1. The plaintiffs requested declaratory and injunctive relief, as well as attorneys’ fees and costs.