TALAHASSEE, Fla. — A group of young people in Florida say they believe continued dependence on fossil fuels is a violation of their constitutional rights and are suing the state agency that regulates public utilities, hoping to force power companies to switch to renewable energy sources.
The matter is one on one series of lawsuits submitted by children and teenagers in the US in recent years as climate activists turn to the courts for action.
Additional plaintiffs joined the lawsuit against the Florida Public Service Commission this week after it was initially filed in October.
The activists, ages 18 to 25, take aim at the agency’s practice of routinely approving public utilities’ long-term plans to continue their dependence on fossil fuels, despite provisions in Florida law stating the intent of the state is set out to “reduce CO2 emissions into the atmosphere.” by promoting greater use of renewable energy sources and low-carbon power plants.”
Prosecutors say Florida’s continued use of energy sources that emit greenhouse gases is fueling the economy deadly heat, flooding rains And rising seas. The lawsuit alleges that by promoting the state’s dependence on fossil fuels, the commission is violating the “fundamental and inalienable right of youth to enjoy and defend life” as guaranteed by the Florida Constitution. threaten their ability to live in the state in the future. .
“Why can’t future generations also enjoy the beauty and the unique environment we have here just because of what our legislators, our governor and our government agencies are doing?” said lead prosecutor Delaney Reynolds.
A representative of the Public Service Commission 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 fifty states advocating for climate action on behalf of young people.
Reynolds and Our Children’s Trust teamed up in a previous lawsuit against Florida in 2018, arguing that the state’s leaders failed to act on climate and violated young people’s constitutional rights. A judge dismissed that case, saying the issue is one for state lawmakers, not the courts, to address.
Andrea Rodgers, the lead attorney on the Public Service Commission lawsuit, said the new case will be different because it is much more narrow, and asks the court to review specific actions the agency is taking that she says violate with renewable energy policies approved by state lawmakers. .
“We’re not asking them to recognize any new constitutional rights. This is clearly established law in Florida,” Rodgers said. “We simply want to ask them to assess the conduct of the commission and tell us whether it is constitutional or not.”
The law firm has had success in other states.
Earlier this year in a case brought by Our Children’s Trust, the Montana Supreme Court a historic decision confirmed require regulators to consider the effects of greenhouse gas emissions before issuing permits for fossil fuel development.
The company also achieved a settlement with Hawaii that includes an ambitious requirement to decarbonize the state’s transportation system over the next 21 years.
___
Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.