Wisconsin Youth Challenge Utility Regulator on Climate Action

A group of youth from Wisconsin, including Indigenous representatives, has initiated legal action against the state’s utility regulator, asserting that it has failed to adequately address the climate crisis in its decision-making processes. This lawsuit follows a devastating storm on August 9 and 10, 2023, which caused flooding across southeastern Wisconsin, particularly in Milwaukee, where over 1,800 homes were damaged. The storm, described as a once-in-a-thousand-year event, dumped up to 13 inches of rain in a matter of hours.

The lawsuit targets the Wisconsin Public Service Commission (PSC) and challenges the existing state law that limits the regulator’s ability to consider air pollution impacts, including carbon dioxide emissions, when permitting new fossil fuel projects. Currently, approximately 75% of Wisconsin’s electricity is generated from fossil fuels, a figure that mirrors the national average but falls short of more progressive states like South Dakota, where over 75% of energy production comes from renewable sources.

Fifteen plaintiffs, all aged between 8 and 17, filed the lawsuit alleging that the PSC’s current practices violate their constitutional rights to life and liberty. Among them is Miahlin B., known by her tribal name Waazakone, who, along with her siblings, argues that climate change is jeopardizing their traditional ways of life. The children engage in activities central to their culture, such as harvesting wild rice and tapping sugar maple trees, which are increasingly threatened by rising temperatures and changing weather patterns.

Waazakone expressed her commitment to protecting her community for future generations, stating, “We need the government to understand that clean water and air is a human right and our most valuable resource.” The youth plaintiffs are also contesting a Wisconsin law that prevents the PSC from mandating increased renewable energy production from local utilities.

Represented by Midwest Environmental Advocates and Our Children’s Trust, the plaintiffs are part of a broader movement advocating for climate action through litigation. Our Children’s Trust has gained recognition for its successful case in Montana, where the state’s Supreme Court affirmed that youth have a constitutional right to “a clean and healthful environment,” emphasizing the need for states to account for greenhouse gas emissions when assessing fossil fuel projects.

“Our Children’s Trust” attorney Nate Bellinger highlighted Wisconsin’s reliance on fossil fuels as the largest source of greenhouse gas emissions in the state, despite lacking fossil fuel extraction like Montana. The organization has been instrumental in filing numerous climate-related lawsuits across the United States over the past 15 years, including actions against former President Donald Trump’s rollback of climate policies.

While Wisconsin does not explicitly enshrine the right to a clean environment in its constitution, the attorneys in this case argue that a stable climate is essential to uphold constitutional rights to life, liberty, and the pursuit of happiness. Maria Antonia Tigre, director of global climate change litigation at the Sabin Center for Climate Change at Columbia Law, noted the heightened importance of such lawsuits given the current political landscape regarding climate action.

Despite the significant implications of this case, a spokesperson for the Wisconsin Public Service Commission declined to comment on the ongoing litigation. As state officials face increasing costs related to flood recovery and seek federal aid, Waazakone hopes the lawsuit will compel them to take climate change seriously. “I want the state of Wisconsin to realize that you cannot allow businesses and people to continue to erode our futures,” she stated.

The outcome of this lawsuit could set a precedent for climate-related litigation and underscore the urgent need for regulatory bodies to incorporate climate considerations into their decision-making processes.