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The Fight Continues in Florida for Youth Climate Change Plaintiffs

On Monday, our Florida youth plaintiffs in Reynolds v. State of Florida ([link removed]) watched their attorneys, Mitch Chester and Guy Burns, deliver outstanding arguments over Zoom before Circuit Court Judge Kevin J. Carroll.

The judge ruled from the bench ([link removed]) , saying that our Florida attorneys, Mitch and Guy, had “made a compelling argument” tempting him “to deny the motions to dismiss and go ahead” with a trial. In the end though, the court “regretfully” decided it was being asked to solve a political question, and will issue an order dismissing the case. Judge Carroll urged the plaintiffs to take their appeal to the First District court.

And that is exactly what we will do.

So let’s try to cut through all of the legalese about “political question doctrine” and “separation of powers” and get to the crux of what these decisions mean, and why they are wrong. We’ve asked the lead youth plaintiff, Delaney, to explain it to you in her own words in the video below:

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Click this image to watch a short video from Delaney

Mitch Chester, co-counsel for the case, added his thoughts on the political question issue as well: “Climate change and energy policy may have political implications, but that does not render the courts powerless to enforce the constitution. Time and time again, courts have stepped in to correct constitutional violations involving issues as politically charged and as partisan as gerrymandering, segregation, gun rights and police brutality. The youth should have the same opportunity to vindicate their constitutional rights.”

This case, like all of Our Children’s Trust’s cases, is not about state inaction on climate change. It’s about Florida perpetuating an energy system based on fossil fuels — and those systemic policies’ infringement of the youths’ constitutional rights to life, liberty, and the pursuit of happiness. In addition, the plaintiffs say, the state’s action is allowing harm to constitutionally protected and essential public trust resources.

According to Andrea Rodgers, Senior Litigation Attorney with Our Children’s Trust, “We intend to appeal the court’s decision to the First District Court of Appeals. The bottom line is government energy policy is an issue with political dimensions but this doesn’t preclude constitutional review of that policy. We are confident that the Court will recognize the judicial obligation to hear and decide this constitutional case.”

As lawyers, we know that sometimes you have to lose first to win in the end. We will work to correct this legal ruling on appeal and get one step closer to justice in Florida. We are committed to continuing to fight to protect the constitutional rights of Florida’s youth and the rights of youth plaintiffs in all our cases.

Thank you for your ongoing and invaluable support of these brave young people and Our Children’s Trust!
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