Young activists take on government agency in Florida climate lawsuit

A group of Florida youth claims the state’s continued reliance on fossil fuels violates their constitutional rights and is suing the state agency that regulates utilities in hopes of forcing energy companies to transition to renewable energy sources. .

The case is one of a series of lawsuits filed by children and teenagers across the United States in recent years, as climate activists turn to the courts to take action.

New plaintiffs this week joined the initiative against the Florida Public Utilities Commission, which was initially filed in October.

The activists, ages 18 to 25, oppose the agency’s practice of routinely approving utilities’ long-term plans to continue their reliance on fossil fuels, despite provisions in the Florida law that establishes the state’s intention to “reduce atmospheric carbon dioxide by promoting increased use of renewable energy resources and low-carbon power plants.”

The whistleblowers contend that Florida’s continued use of energy sources that emit greenhouse gases is fueling deadly heat, torrential rains and rising sea levels. The lawsuit claims that by encouraging the state’s dependence on fossil fuels, the commission is violating the “fundamental and inalienable right to enjoy and defend life,” as guaranteed by the Florida Constitution, by threatening their ability to live in the region. in the future.

“Why can’t future generations also enjoy the beauty and unique environment we have here, just because of what our legislators, our governor and our state agencies are doing?” said lead plaintiff Delaney Reynolds.

A Public Utilities Commission representative said the agency does not comment on pending litigation.

The plaintiffs, all residents of Miami-Dade County, are represented by the public interest law firm Our Children’s Trust, which has filed cases in all 50 states advocating for climate action on behalf of young people.

Reynolds and Our Children’s Trust joined in a previous lawsuit against Florida in 2018, alleging that state leaders were failing to take climate action and violating young people’s constitutional rights. A judge dismissed that case, saying it is an issue for state lawmakers, not the courts, to address.

Andrea Rodgers, the lead attorney in the complaint against the Public Utilities Commission, indicated that the new case will be different because it is much more specific, asking the court to review specific actions taken by the agency that, she says, contravene the policies of renewable energy approved by state legislators.

“We are not asking them to recognize new constitutional rights. This is clearly established law in Florida,” Rodgers said. “We simply want them to review the conduct of the Commission and tell us whether or not it is constitutional,” he added.

The law firm has had success in other states.

Earlier this year, in another case brought by Our Children’s Trust, the Montana Supreme Court upheld a landmark decision requiring regulators to consider the effects of greenhouse gas emissions before issuing permits for fossil fuel development.

The firm also reached an agreement with Hawaii that includes an ambitious requirement to decarbonize the state’s transportation system over the next 21 years.

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