Emily R. Tripicchio and Gabrielle M. Struik File Pro Bono Amicus Brief in Wisconsin Climate Case

BatesCarey attorneys Emily R. Tripicchio and Gabrielle M. Struik have filed a pro bono amicus curiae brief on behalf of three University of Wisconsin scientists in Dunn v. Wisconsin Public Service Commission, a closely watched climate lawsuit brought by fifteen Wisconsin youth challenging the constitutionality of state laws governing energy infrastructure and renewable energy requirements.

The lawsuit, filed by Midwest Environmental Advocates and Our Children’s Trust, alleges that several Wisconsin statutes perpetuate the state’s reliance on fossil fuels, contribute to greenhouse gas emissions, and violate rights protected under the Wisconsin Constitution. The plaintiffs describe a range of climate-related harms, including flooding, extreme heat, health impacts, and disruptions to education and recreation.

In April 2026, Dane County Circuit Judge Julie Genovese dismissed the case, finding that the plaintiffs’ claims presented a political question beyond judicial review. The plaintiffs appealed the dismissal in May 2026.

On October 12, 2026, Emily and Gabby filed an amicus brief in the Wisconsin Court of Appeals on behalf of the three scientists. Drawing on the scientists’ expertise into the causes and effects of climate change, the brief provides additional scientific and legal context for the constitutional issues before the court. The same day, the plaintiffs petitioned the Wisconsin Supreme Court to hear the case directly, arguing that the constitutional questions warrant prompt resolution.

The matter reflects BatesCarey’s ongoing commitment to pro bono representation, including matters involving significant constitutional questions and issues of public interest.