In recognition of the urgency of the climate crisis, groups of young people around the country are taking their concerns to court. In places like Montana and Hawaiʻi, they’re winning lawsuits and forcing states to address greenhouse gas emissions and more. In late August, fifteen youth in Wisconsin filed a lawsuit against the Wisconsin Public Service Commission and the state legislature. To talk about their lawsuit and others like it, host Douglas Haynes is joined by two lawyers helping the youth bring their case to court, Tony Wilkin Gibart of Midwest Environmental Advocates and Joanna Zeigler of Our Children’s Trust.

The youth plaintiffs are claiming their constitutional right to live in a world with a stable climate system and that climate change is threatening their rights to life, liberty, and happiness. They’ve been successful in Montana where the state constitution provides a right to health and safety. And in Hawaiʻi, the state has committed to decarbonizing transportation by 2045. In Wisconsin, the youth plaintiffs are claiming that the state is both supporting and fueling the climate crisis by approving fossil fuel power plants and preventing renewable energy projects. They say these actions by the state are infringing on their constitutional rights and the state is failing to preserve and protect the right to use and enjoy the waters of the state.

Gibart tells the story of some of these plaintiffs, like Kaarina Dunn who experienced the major floods in the Driftless region a few years ago and Lucy Wright who grew up cross country skiing, but has seen the seasons cut short. Zeigler says that youth have a strong, intuitive moral compass and since they’re the ones who will be disproportionately impacted by climate change, it’s important to hear their voices.

Tony Wilkin Gibart has led Midwest Environmental Advocates since 2019, guiding the organization’s legal, policy, and community-focused work to protect Wisconsin’s natural resources and strengthen environmental rights. He is a graduate of the University of Wisconsin Law School and one of the attorneys representing the young plaintiffs in Dunn v WI PSC.

Joanna Zeigler joined Our Children’s Trust as a staff attorney in 2022. She primarily works on state cases filed by Our Children’s Trust, including Sagoonick v. State of Alaska II and Dunn v. Wisconsin Public Service Commission and is working to develop new cases in other states. Joanna is also working with the State of Hawaiʻi to implement the historic settlement agreement reached in Navahine v. Hawaiʻi Dept. of Transportation. Prior to joining Our Children’s Trust, Joanna worked at a Honolulu law firm as a litigation associate for over five years and she earned her JD with a certificate in environmental law from the William S. Richardson School of Law at the University of Hawaiʻi.

Featured image of skiers in the American Birkebeiner, which has been cancelled several times in recent years due to warm weather, via Flickr (CC BY-NC 2.0).

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