A group of young Floridians is challenging the state’s ongoing dependence on fossil fuel energy, claiming it infringes upon their constitutional rights. They are taking legal action against the Florida Public Service Commission, which oversees public utilities, in an effort to compel a shift towards renewable energy sources.
This lawsuit is part of a growing trend across the United States, where youth activists are turning to the judicial system to demand climate action. The original filing took place in October, and this week additional plaintiffs joined the case against the Florida agency.
The activists, aged between 18 and 25, are specifically targeting the commission’s frequent approval of public utility companies’ long-term plans that maintain a reliance on fossil fuels. This practice stands in contrast to Florida law, which aims to lower carbon dioxide emissions by encouraging renewable energy use and promoting low-carbon electric power generation.
The young plaintiffs argue that the state’s ongoing reliance on greenhouse gas-producing energy sources is contributing to severe climate impacts, including increased heat, heavy rainfall, and rising sea levels. They assert that the commission’s actions jeopardize their “fundamental and inalienable right to enjoy and defend life,” as outlined in the Florida Constitution, thus threatening their future well-being in the region.
“Why can’t future generations also enjoy the beauty and unique environment that we have here, just because of what our legislators and our governor and our state agencies are doing?” stated Delaney Reynolds, the case’s lead plaintiff.
A spokesperson from the Public Service Commission informed that the agency does not engage in discussions regarding ongoing legal matters. The young advocates, all hailing from Miami-Dade County, are represented by the public interest legal group Our Children’s Trust, renowned for its nationwide campaign for climate-driven legal changes on behalf of young individuals.
Reynolds and Our Children’s Trust previously collaborated in a 2018 lawsuit against the state, where they contended that Florida leaders were neglecting to address climate issues and thus violating young people’s constitutional rights. However, that action was dismissed by a judge, who stated it was a legislative issue rather than one suited for the courts.
Andrea Rodgers, the attorney leading the current lawsuit against the Public Service Commission, posits that this case is more focused and specific. It seeks judicial examination of the commission’s actions that she contends contradict the renewable energy policies enacted by state lawmakers.
Rodgers commented, “We’re not asking them to recognize any new constitutional rights. This is clearly established Florida law. We simply want the court to assess the commission’s actions and determine their constitutional validity.”
Our Children’s Trust has achieved notable victories in other regions as well. Earlier this year, the Montana Supreme Court upheld a significant ruling that mandates regulators to evaluate the impacts of greenhouse gas emissions prior to granting permits for fossil fuel extraction. Additionally, the firm has reached an agreement with Hawaii that establishes a comprehensive plan to decarbonize the state’s transportation infrastructure over the next two decades.