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Our clients argue that these outdated, harmful laws violate: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

  1. 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.

  2. 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.

  3. 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. 

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