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.

Youth plaintiffs' lawsuit challenging Wisconsin laws that allegedly perpetuate a fossil fuel-based electricity system in violation of rights protected by the Wisconsin Constitution.

Dunn v. Wisconsin Public Service Commission

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Youth Plaintiffs Alleged that Wisconsin Laws Perpetuated Fossil Fuel-Based Electricity System in Violation of State Constitutional Rights

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People with different national or cultural traditions from the dominant population

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woman and genders outside of the gender binary

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Youth Plaintiffs Alleged that Wisconsin Laws Perpetuated Fossil Fuel-Based Electricity System in Violation of State Constitutional Rights

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance