In June of 2022, a group of Hawaiʻian youth, together with environmental law orgs Our Children’s Trust and Earthjustice, filed a constitutional climate lawsuit against the state of Hawaiʻi’s government, as well as the Hawaiʻi Department of Transportation (HDOT). The plaintiffs argued that HDOT’s operation of a transportation system resulted in high levels of greenhouse gas emissions that violated their state constitutional rights. Last week, youth plaintiffs, who are only identified by first name and last initial, in the Navahine v. Hawaiʻi Department of Transportation suit celebrated a “groundbreaking” agreement resolving the case.
“I am so proud of all the hard work to get us to this historic moment. We got what we came for, and we got it faster than we expected. Mai kuhihewa [make no mistake] young people have the power to make a difference for their futures.” youth plaintiff Navahine F. said in a statement to various outlets including Teen Vogue.
Youth plaintiff Rylee Brooke K. echoed these sentiments in the same statement, saying "Being heard and moving forward in unity with the State to combat climate change is incredibly gratifying, and empowering. This partnership marks a pivotal step towards preserving Hawai‘i for future generations — one that will have a ripple effect on the world. I hope our case inspires youth to always use their voices to hold leaders accountable for the future they will inherit."
The settlement agreement, which the court has approved, recognizes what the plaintiffs and state call a first-of-its kind win for young people’s “constitutional rights to a life-sustaining climate.” It also calls for HDOT to implement a radical change of Hawaiʻi’s transportation systems on ground, interisland sea and air, to reach zero emissions, by a timeline of 2045. The court will now be tasked to “enforce the agreement for the next 21 years until its terms have been achieved.”
“Climate change is indisputable, burying our heads in the sand and making it the next generation’s problem is not pono [righteousness],” Ed Sniffen, Director of the Hawaiʻi Department of Transportation said in a statement. “In our agreement with Our Children’s Trust and Earthjustice we’re committing to develop and use greenhouse gas emission measurements and reductions in vehicle miles traveled when we develop ground transportation projects and look for ways to translate that to our Airports and Harbors projects.”
While this case represents the parties in the case are calling the world’s first youth-led constitutional climate case which focuses on transportation, the first youth-led climate trial in the U.S. took place in Montana last year, in which the court ruled that the state had violated young people’s rights by preventing analysis of climate effects in environmental reviews of fossil fuel projects.
According to the parties in the case, some of the Navahine plaintiffs are Native Hawai’ian youth who are already experiencing the shattering impacts of climate change, marked by events like rising sea levels, drought, floods and fatal wildfires such as the Maui fires, in which the death toll has now risen to 102 fatalities. Surviving displaced Hawai’ians are still working to secure interim housing, beyond sheltering programs in hotels.
The Navahine agreement also includes an outline of steps to be taken by HDOT, which include tactics such as a plan to reduce greenhouse gasses within a year of the agreement, establishing leadership within HDOT to manage climate change mitigation and adaptation for the highways program; and making immediate investments in transportation infrastructure. Infrastructure investments would aim to complete pedestrian, bicycle, and transit networks within five years, and dedicate a minimum of $40 million to expanding the public electric vehicle charging network by 2030.
“Hawai‘i’s young people raised their voices to protect our future here in the islands, and their voices were heard…this new partnership puts climate action in the fast lane towards a more just and equitable future,” Leinā‘ala Ley, Senior Associate Attorney at Earthjustice said.
