Filed Date: Aug. 22, 2025
Case Ongoing
Clearinghouse coding complete
On August 22, 2025, thirteen minor children filed a lawsuit in the Wisconsin Circuit Court for Dane County against the Public Service Commission of Wisconsin and its three commissioners in their official capacities, as well as the Wisconsin State Legislature. The plaintiffs alleged that Wisconsin laws prohibit the Public Service Commission from considering air pollution impacts when approving permits for new fossil fuel-fired power plants and cap how much renewable energy the Commission can require utilities to produce. The plaintiffs argued that these laws “create and perpetuate a fossil fuel-dominated electricity sector which contributes to climate change [and] harms the Plaintiffs.” The plaintiffs alleged five state constitutional violations, including that these laws violate their “inherent rights to life, liberty, and a stable climate system, guaranteed by Article I § 1 of the Wisconsin Constitution” and the “right to access, enjoy, and use public trust waters, guaranteed by Article I § 1 and Article IX § 1 of the Wisconsin Constitution.” Plaintiffs sought declaratory judgments that the challenged statutes are unconstitutional and permanent injunctions preventing defendants from implementing the challenged laws. The case is proceeding in front of Judge Jacob Frost.
On November 10, 2025, the defendants filed a motion to dismiss all claims. The motion raised four primary grounds for dismissal: non-justiciability based on political question doctrine, lack of standing, sovereign immunity, and failure to state a claim.
On December 22, 2025, the plaintiffs filed their opposition to the defendants’ motion to dismiss. The plaintiffs claimed (1) Wisconsin has not clearly recognized political question doctrine; they seek traditional declaratory relief on constitutionality of specific statutes, not broad policy remedies; (2)that plaintiffs have detailed, personalized injuries to health, property, and cultural practices; Wisconsin standing requirements are more liberal than federal; and there is no redressability requirement under Wisconsin law; and (3) that Wisconsin Constitution's Article I, Section 1 protects broader "inherent rights" than federal constitution; rights to stable climate and navigable waters are deeply rooted in Wisconsin history; and fundamental rights trigger strict scrutiny.
On January 16, 2026, the Wisconsin Public Service Commission and the Wisconsin State Legislature filed reply briefs in support of their motions to dismiss.
As of March 1, 2026, the parties are awaiting a decision from the circuit court regarding the motion to dismiss.
Summary Authors
Charlotte Beaudoin (3/1/2026)
State / Territory:
Case Type(s):
Key Dates
Filing Date: Aug. 22, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Thirteen minor children who are residents of Wisconsin.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
State
Public Service Commission of Wisconsin
Wisconsin State Legislature
Defendant Type(s):
Case Details
Causes of Action:
Other Dockets:
Wisconsin state trial court 2025CV002797
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Affected Race(s):
American Indian/Alaskan Native
Case Summary of Dunn v. Public Service Commission of Wisconsin, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46974/ (last updated 3/1/2026).