Group of Wisconsin youth sue state over pro-fossil fuel policies

MADISON, Wis. (CBS 58) -- A group of Wisconsin kids are suing the state. They want to strike down laws they say worsen climate change and violate their constitutional rights.

The group of 15 kids involved in the case say they are experiencing serious health issues from fossil fuel air pollution and climate change, like asthma and respiratory illnesses. Now, they're suing the state for what they call unconstitutional laws that favor fossil fuels, block renewable energy and worsen the climate crisis.

"Many of them suffer from asthma, which has been exacerbated both by the air pollutes that have been emitted from the facilities that the PSC has cited as well as the wildfire smoke," said Skylar Harris, climate justice fellow at Midwest Environmental Advocates.

The kids that filed this lawsuit range in age from 8-17 years old.

They're being represented by nonprofit law firm Our Children's Trust and Midwest Environmental Advocates.

Climate Justice Fellow Skylar Harris says this will impact Wisconsin's future.

"I think climate change is the preeminent threat of our lifetime and it's not a future threat, it's a present threat," said Harris.

The lawsuit challenges two Wisconsin laws -- the first prohibits the Public Service Commission (PSC) from considering climate and air pollution when approving new fossil fuel power plants.

"Because the PSC can't consider air pollutes, that means they can't consider greenhouse gas emissions, which stops them from being able to consider the climate change impacts, and that is directly harming the plaintiffs now," Harris explained.

The suit also attacks a law that prohibits PSC from requiring utilities to increase the amount of electricity they get from clean renewable sources.

Right now, renewable energy mandates are capped at just 10%.

"For the utilities, it's a floor. For the PSC, it's a ceiling, so this 10% threshold was met back in 2013. So for the past 12 years or so, the PSC has been incredibly stagnate in the amount of renewable energy generation that it has been allowed to require utilities to build within the state," said Harris.

This legal development follows a landmark ruling by the Montana Supreme Court in December of 2024 where 16 kids successfully challenged the state's pro-fossil fuel policies.

"What we are hoping is to build on the momentum that was created by Montana," said Harris.

Harris says the goals are not financially driven, they just want to make a difference.

"We can push Wisconsin to a future that is more aligned with our goal of getting to 100% renewable energy by 2050," said Harris.

CBS 58 reached out to the Public Service Commission of Wisconsin for comment. They said they cannot comment on pending litigation.

The PSC has 45 days from Monday, Aug. 25, to respond to the lawsuit.