Legal action
Securing the Rights of Wisconsin Youth to a Stable Climate
In August 2025, fifteen Wisconsin youth represented by Midwest Environmental Advocates and Our Children’s Trust filed Dunn v. Wisconsin Public Service Commission, a groundbreaking climate lawsuit. These young climate leaders are challenging unconstitutional Wisconsin laws that exacerbate the climate crisis and violate their rights to a safe and stable climate.
Case Summary
On August 22, 2025, Midwest Environmental Advocates and Our Children’s Trust filed a lawsuit against the Public Service Commission of Wisconsin and the Wisconsin Legislature on behalf of fifteen Wisconsin youth for enacting and enforcing state laws that exacerbate the climate crisis and violate their rights to a safe and stable climate. On April 23, 2026, Dane County Circuit Judge Julie Genovese dismissed the case, concluding that the plaintiffs’ claims presented a ‘political question’ beyond judicial review. Needless to say, we strongly disagree, and on May 28, our clients appealed the decision to dismiss their case. The state laws we are challenging are contributing to climate change and causing real, concrete harm to our clients. That is a direct violation of their rights under the Wisconsin Constitution, which state courts have both the authority and the obligation to address.
Ted Schultz-Becker
Youth Plaintiff
Why Wisconsin Youth are Suing
The Wisconsin Legislature has enacted laws that force regulators to ignore greenhouse gas pollution when reviewing fossil fuel project applications. The Legislature has also enacted laws that prevent regulators from requiring utilities to increase the amount of electricity the state gets from clean, renewable energy sources.
Our clients argue that these outdated, harmful laws violate:
Article I, Section 1 of the Wisconsin Constitution: their right to life and liberty—which includes health, safety and a stable climate.
and
Article IX, Section 1 of the Wisconsin Constitution: their right to access and enjoy healthy rivers and lakes under Wisconsin’s Public Trust Doctrine.
Children are Disproportionately Harmed by Climate Change
The climate crisis threatens the health, well-being, and future of children. Physically, children are more vulnerable to the impacts of air pollution, extreme heat, and reduced access to clean water. Mentally, they are increasingly burdened by anxiety, grief, and trauma as they witness the degradation of ecosystems and the loss of places they love.
The climate crisis also jeopardizes their future opportunities, diminishing access to natural resources, reliable food systems, and safe housing. When state laws and energy policies continue to promote climate pollution, they lock in these harms—forcing this generation and the next to live with the consequences.
The youth plaintiffs who filed Dunn v. Wisconsin Public Service Commission are already experiencing many of these harms firsthand. They face increasing exposure to fossil fuel pollution, extreme weather events and environmental degradation, which reduces their access to healthy rivers and lakes. For Indigenous youth plaintiffs, the crisis also threatens their ability to practice tribal lifeways, including harvesting traditional Anishinaabe foods like fish, wild rice, and maple sugar. Looking ahead, these children face a future with a destabilized climate, putting biodiversity, livelihoods, and overall quality of life at risk.
Lawsuit Core Claims
- Constitutional Rights to Life and Liberty (Art. I, Sec. 1)
By blocking climate and public health considerations and perpetuating a fossil fuel-based electricity sector, the challenged laws cause air pollution that endangers the health, safety, and bodily integrity of the youth plaintiffs. - Right to Use and Enjoy Wisconsin’s Waters (Art. IX, Sec. 1)
Under the Public Trust Doctrine, Wisconsin has a legal duty to protect navigable waters for public use for present and future generations. Laws that cause air pollution and climate harms violate this obligation, especially as rising temperatures and extreme weather degrade Wisconsin’s lakes, rivers, and wetlands. - Government-Facilitated Harm
Wisconsin is not a passive observer—the Legislature has enacted and the PSC enforces laws that intentionally perpetuate an electricity sector dominated by fossil fuels that results in dangerous fossil fuel air pollution. These actions create and worsen the very dangers threatening youth plaintiffs today.
Case Timeline
August 22, 2025: Case Filed!
Fifteen Wisconsin children represented by Midwest Environmental Advocates and Our Children’s Trust filed Dunn v. Wisconsin Public Service Commission, a constitutional climate lawsuit against the Wisconsin Legislature and Public Service Commission in Dane County Circuit Court. The youth plaintiffs are challenging unconstitutional Wisconsin laws that exacerbate the climate crisis and violate their rights to a safe and stable climate.
November 10, 2025: Defendants’ Motion to Dismiss
Defendants Public Service Commission and Wisconsin State Legislature each filed a separate motion to dismiss.
December 22, 2025: Plaintiffs’ Opposition to Defendants’ Motions to Dismiss
Plaintiffs filed a combined response in opposition to defendants Public Service Commission and Wisconsin State Legislature’s motions to dismiss.
April 23, 2026: Decision on Motion to Dismiss
On April 23, 2026, a circuit court judge granted the defendants motion to dismiss the case, a deeply disappointing outcome for our clients. While the court expressed sympathy for the plaintiffs, it concluded that their claims presented a “political question” beyond judicial review.
May 28, 2026: Appeal Filed
On May 28, 2026, plaintiffs appealed the decision to dismiss their case.
our Current climate & Energy work
LEGAL ACTION
Securing the Constitutional Rights of Wisconsin Youth to a Stable Climate
MEA and Our Children’s Trust are representing fifteen young people from Wisconsin who filed a groundbreaking climate lawsuit against the Wisconsin Legislature and the Public Service Commission for enacting and enforcing unconstitutional laws that exacerbate the climate crisis.
LEARN MORE →
LEGAL ACTION
Preventing New Construction on Enbridge’s Line 5 Pipeline
Midwest Environmental Advocates is taking legal action to stop Enbridge Energy from moving forward with a plan to build a new 41-mile segment of its Line 5 oil pipeline in northern Wisconsin.
POLICY & ADVOCACY 
Taking Action to Improve Air Quality in Beloit
With legal support from MEA, members of the Stateline Clean Air Coalition are raising the alarm over harmful levels of air pollution in the Beloit and speaking out against the expansion of a gas-fired power plant along the Wisconsin-Illinois border.
LEARN MORE →
POLICY & ADVOCACY 
Advocating for Sustainable Alternatives to the Expansion Of I-94
Wisconsin transportation officials are proposing a controversial $1.1 billion dollar expansion of I-94 in Milwaukee. MEA is advocating for a more just and sustainable alternative that prioritizes the health and wellbeing of people living adjacent to the corridor.
LEARN MORE →
latest news
Climate & Energy Updates

New documentary follows Wisconsin youth who are suing the state over climate change
A new documentary film brings viewers into the lives of 15 young Wisconsinites who are suing the state over climate change. They share what they love about the places they call home, what they hope to protect, and why they believe they deserve a chance to defend their health and future in court.

Legal victory! Judge orders release of information about energy use at Meta’s Beaver Dam data center
This week, a Dane County Circuit Court sided with MEA in a dispute over the public’s right to know how the unprecedented energy needs of hyperscale data centers will impact Wisconsin. The court ruled that the Public Service Commission acted unlawfully when it denied a public records request seeking information about energy use at Meta’s Beaver Dam data center and ordered that the information be released.

MEA and partners file new legal action over stream crossing approvals for Line 5 reroute
This week, the Bad River Band, Midwest Environmental Advocates and other partner organizations filed a new lawsuit in our ongoing fight to prevent the construction of the Line 5 reroute. We filed the lawsuit after the DNR unlawfully issued permit approvals allowing Enbridge to do work at four stream crossings in Ashland County.

DNR reversed course on a massive data center after pushback from developers. MEA is fighting for answers.
A new lawsuit filed by MEA on behalf of the Sierra Club shows the extent to which tech companies and data center developers may be influencing decisions that impact Wisconsin’s environment.

Port Washington Data Center Developers Seek to Shift Financial Risks to Residents
When the Public Service Commission of Wisconsin approved new protections for Wisconsin ratepayers in April, it sent a clear message that ordinary Wisconsinites should not be responsible for the financial risks created by data center deals negotiated behind closed doors by utility companies and the world’s biggest tech companies. Now, some of those companies are asking regulators to backtrack.

Upcoming Webinar: The Public Trust Doctrine in Action
The public trust doctrine is a powerful tool for protecting Wisconsin’s waters for the benefit of current and future generations. In this webinar, we will explore how the public trust doctrine, which has its roots in ancient Roman law, continues to shape some of the most important environmental fights in Wisconsin today.