Reynolds v. State of FLORIDA
Our Children’s Trust has represented young people in Florida legal actions since 2011, most recently in the youth-led constitutional climate case, Reynolds v. State of Florida.
In April 2018, eight young people filed Reynolds v. State of Florida against the state of Florida, Governor Rick Scott, and several state agencies in Leon County Circuit Court. The complaint asserted that in causing climate change, the state of Florida violated the youngest generation’s constitutional rights to life, liberty, property, and the pursuit of happiness, and caused harm to Florida’s essential public trust resources, such as beaches, coral reefs, and marine life. The youth plaintiffs filed their case because the state of Florida is violating their constitutional rights by creating and perpetuating an energy system that is based on fossil fuels. The plaintiffs are asking the state of Florida to adhere to its constitutional obligation to cease its ongoing conduct which is causing the intensifying impacts of climate change and harming the young plaintiffs.
The youth plaintiffs were represented by Guy M. Burns and Wallace “Wally” Pope, Jr. (Johnson Pope Bokor Ruppel & Burns LLP), Mitchell Chester (Law Office of Mitchell A. Chester), Jane West (Jane West Law, P.L.), Erin Deady, (Erin L. Deady, P.A.), Deb Swim (Deb Swim, PLLC), Matthew Schultz (Levin Papantonio Thomas Mitchell Rafferty & Proctor PA) and Andrea Rodgers with Our Children’s Trust.
Current Status:
After the First District Court of Appeals affirmed the Circuit Court’s dismissal of the case without issuing a written opinion, four of the youth plaintiffs led a petition for rulemaking asking the Florida Department of Agriculture and Consumer Services (FDACS) to establish a goal to generate 100% of Florida’s electricity from renewable energy by 2050. This petition for rulemaking was signed by over 200 young Floridians and filed with FDACS on January 5, 2022.
On April 21, 2022, in response to this youth-led effort, FDACS Commissioner Nikki Fried released a proposed rule that used the language proposed by the youth. A recording of the 4/21/22 press conference, featuring co-lead youth petitioners Delaney and Valholly, can be viewed on the FDACS Facebook page here.
On August 9, 2022, FDACS renewable energy rule, Chapter 5O-5: Renewable Energy, became effective. This new rule is the most significant climate policy in Florida enacted in over a decade and, per the language proposed by youth signatories, sets the following renewable energy goals for Florida’s electric utilities: at least 40% by 2030, 63% by 2035, 82% by 2040, and 100% by 2050.
Future cases to secure the constitutional rights of youth in Florida are now being developed.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Reynolds v. State of Florida, from 2018 to today:
“April 16, 2018: Case Filed
Eight Florida youth, including climate activists Delaney Reynolds and Levi Draheim, filed their constitutional climate lawsuit - Reynolds v. State of Florida - against the state of Florida, Governor Rick Scott, and several state agencies in Leon County Court. (Photo: Robin Loznak)”
“July 6, 2018: First Round of Motions to Dismiss
The State of Florida defendants filed three motions to dismiss the lawsuit.”
“September 17, 2018: Plaintiffs Respond
Attorneys for the youth plaintiffs filed their response to the motion to dismiss.”
“December 26, 2018: Plaintiffs’ File First Amended Complaint
The youth plaintiffs filed an amended complaint against the state of Florida, Governor-Elect Ron DeSantis and several state agencies in Leon County Court, updating their complaint to substitute in Governor DeSantis and FDCAS Commissioner Nikki Fried as defendants. The amended complaint also included alarming new scientific information recently released by the Trump administration in its Fourth National Climate Assessment. (Photo: Robin Loznak)”
“February 6, 2019: Second Round of Motions to Dismiss
The State of Florida defendants filed three motions to dismiss the first amended complaint.”
“March 8, 2019: Plaintiffs Respond
Youth plaintiffs filed their response to the Defendant’s second round of motions to dismiss.”
“March 21, 2019: Amicus Briefs Filed
Faith groups, the League of Women’s Voters, Reef Relief, and the Isaac Walton League filed amicus curiae briefs with the Court in support of youth plaintiffs.”
“October 16, 2019: Plaintiffs File Motion to Supplement First Amended Complaint
Attorneys representing the eight young Floridian youth plaintiffs filed a motion to add allegations about recent actions Gov. DeSantis and FDACS Commissioner Fried had taken to worsen the climate crisis, including certifying a fossil fuel infrastructure project at TECO’s Big Bend Tampa, eliminating the energy efficiency conservation goal setting program, and affirmatively expressing a preference for an energy system that is reliant on fossil fuels. ”
“January 6, 2020: Court Grants Plaintiffs’ Motion to Supplement First Amended Complaint
On the eve before the hearing to consider the Plaintiffs’ motion to supplement, attorneys for the State of Florida defendants stipulated to the youth plaintiffs’ request to supplement their complaint. The court signs an order granting the youth’s motion and allowing the parties to supplement their briefing on the State of Florida defendants’ pending motions to dismiss. (Photo: Robin Loznak)”
“January 15, 2020: Plaintiffs File Supplemental Memorandum of Law
Attorneys for the plaintiffs filed a supplemental memorandum of law in support of their consolidated response to the defendant’s motions to dismiss.”
“January 27, 2020: Defendants File Reply Brief
State of Florida attorneys filed their reply brief.”
“February 11, 2020: Plaintiffs File Sur-Reply Brief
Attorneys for the youth plaintiffs filed a sur-reply brief.”
“June 1, 2020: Hearing on the Motions to Dismiss
Following a remote hearing via Zoom, Circuit Judge Kevin J. Carroll ruled from the bench against the youth plaintiffs, stating that the youths’ counsel “made a compelling argument to me today” tempting him “to deny the motions to dismiss and go ahead.” In the end though, the court “regretfully” decided it was being asked to solve a political question and on June 10, 2020 issued a written order dismissing the case with prejudice, urging plaintiffs to take an appeal to the First District court. ”
“July 1, 2020: Notice of Appeal
The youth plaintiffs filed a notice of appeal. (Photo: Robin Loznak)”
“September 9, 2020: Plaintiffs File Initial Brief
Attorneys for the youth plaintiffs filed their initial brief.”
“December 9, 2020: Plaintiffs File Reply Brief
Attorneys for the youth plaintiffs filed a reply brief.”
“May 18, 2021: Court Affirms Dismissal
The First District Court of Appeals affirms the dismissal of the case in a per curiam affirmance without a written opinion.
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“January 5, 2022: Youth File Petition for Rulemaking
Over 150 Florida youth - led by four former youth plaintiffs in Reynolds v. State of Florida - filed a petition for rulemaking with the Florida Department of Agriculture and Consumer Services (FDACS) asking it to establish a goal to generate 100% of Florida’s electricity from renewable energy by 2050.”
“TODAY: Chapter 5O-5: Renewable Energy Enacted; New Legal Action in Development
Four of the youth plaintiffs successfully led a petition for rulemaking effort asking the Florida Department of Agriculture and Consumer Services to set a goal for 100% renewable energy by 2050, resulting in Chapter 5O-5: Renewable Energy - Florida’s most significant climate policy in over a decade. Future cases to secure the constitutional rights of youth are being developed.
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