On June 20, Hawaii agreed to a “groundbreaking” legal settlement with young climate activists. The activists had filed a lawsuit accusing the state of violating their constitutional rights by maintaining a transportation system that harms the climate, infringing on their right to a clean and healthy environment.
The lawsuit
The case, Navahine v. Hawaii Department of Transportation, acknowledges the children’s constitutional rights to a life-sustaining climate. The settlement mandates the state to decarbonize its transportation system over the next 21 years. The plaintiffs argued that the current system jeopardizes their health and future, violating their constitutional rights. Rising sea levels also pose a threat to their lands.
This lawsuit is notable as the first youth-led climate case seeking zero emissions in transportation and the second-ever such lawsuit in the U.S. filed by young people.
Governor’s announcement
Hawaii Governor Josh Green announced the “groundbreaking” settlement at a news conference. “We’re addressing the impacts of climate change today,” Green said. “It is not something that we’re considering in an abstract way in the future.”
Settlement details
The enforceable settlement includes the creation of a volunteer youth council to advise the state’s Department of Transportation. Hawaii will develop a roadmap to achieve zero emissions for its ground, sea, and inter-island air transportation systems by 2045. Additionally, the state will allocate at least $40 million to expand its EV charging network by 2030 and improve pedestrian, bicycle, and public transit networks.
Legal proceedings
Hawaii initially sought to dismiss the case, arguing that the zero emissions target and other state laws promoting reduced carbon emissions were “aspirational.” However, Judge Jeffrey Crabtree in Honolulu rejected this argument, stating that the laws required timely planning and action and that the state’s inaction had already harmed the plaintiffs.
Ed Sniffen, head of Hawaii’s Department of Transportation, remarked, “We have extremely tough goals to hit by 2045, and this is going to make sure we move forward much faster.”