Hawaii Settles Youth Climate Suit With Decarbonization Plan (1)

Young plaintiffs in Hawaii leading a landmark constitutional climate lawsuit have settled their case with an agreement to transform the state’s transportation system.

Parties in Navahine v. Hawaiʻi Department of Transportation voluntarily concluded litigation with a first-of-its-kind settlement announced on Thursday, which includes a Greenhouse Gas Reduction Plan for achieving “zero emissions in all ground transportation, and interisland sea and air transportation, by 2045,” according to a press release.

The settlement also acknowledges the cornerstone argument of the youths’ case: the constitutional right to a life-sustaining climate.

“Defendants, in establishing, maintaining, and operating the state transportation system, must preserve, protect, and maintain Hawai’i’s public trust resources and all Hawai’i citizens’ rights to a clean and healthful environment,” according to the recognition of rights outlined in the settlement.

Thirteen young people from Hawaii sued the state Department of Transportation in 2022, claiming that the agency’s inadequate handling of vehicle carbon emissions infringed on their state constitutional rights to a healthy environment.

The case is part of a youth-led legal movement around the US aiming to hold state governments accountable for climate policy.

Navahine was set to join a climate case in Montana as the first two youth-led suits to make it to trial. Their national sister case, Juliana v. US, is currently awaiting a decision on plaintiffs’ bid for re-hearing at the US Court of Appeals for the Ninth Circuit.

‘Holistic Roadmap’

The outcome offers a “holistic roadmap” for other states and countries to follow suit, according to Navahine co-counsel and Our Children’s Trust attorney Andrea Rodgers.

“The thirteen youth Plaintiffs in Navahine v. Hawaiʻi Department of Transportation have just achieved the first Settlement Agreement in a constitutional climate case, paving the way for systemic decarbonization of transportation,” Rodgers said in a statement.

Hawaii’s transportation department is under a framework of obligations to keep the Greenhouse Gas Reduction Plan afloat under the new agreement. The state government will need to establish units to coordinate the mission, improve its transportation budgeting process, and establish a volunteer youth advisory council.

“This partnership marks a pivotal step towards preserving Hawaii for future generations—one that will have a ripple effect on the world,” youth plaintiff Rylee Brooke K. said in a statement. “I hope our case inspires youth to always use their voices to hold leaders accountable for the future they will inherit.”

The case is Navahine F. v. Hawaiʻi Dep’t of Transp, Haw. Cir. Ct., No. 1CCV-22-0000631, Settlement 6/20/24.