Thirteen children and teenagers in Hawaii sued the state government about the threat posed by climate change. Now they are celebrating an agreement that emphasizes a plan to decarbonize Hawaii’s transportation system over the next 20 years.
It’s the latest example of frustrated young people in the United States taking their climate concerns to the courtroom.
The settlement reached in the case of Navahine v. Hawaii Department of Transportation recognizes children’s constitutional rights to a life-sustaining environment, Gov. Josh Green and attorneys from public interest law firms Our Children’s Trust and Earthjustice said in separate statements Thursday.
The youth in the lawsuit had argued that Hawaii violated the state constitution by operating a transportation system that harms the climate and infringes on the right to a clean and healthy environment. More specifically, they accused the Hawaii Department of Transportation of consistently prioritizing highway construction over other forms of transportation.
The combustion of fossil fuels – oil, gas and coal – is the largest contributor to global warming caused by human activity. According to Our Children’s Trust, Hawaii is the U.S. state most dependent on petroleum for its energy needs.
The parties said the settlement was the first between a state government and youth plaintiffs that addresses constitutional issues arising from climate change.
“Climate change is indisputable,” Transportation Director Ed Sniffen said in the governor’s statement. “Burding our heads in the sand and making it the next generation’s problem is not pono,” or incorrect.
Personal frustrations led to the 2022 lawsuit, along with a greater sense of activism that has driven youth climate movements around the world.
The lawsuit stated that one plaintiff, a 14-year-old native Hawaiian who grew up in Kaneohe, came from a family that has been farming taro for more than ten generations. However, extreme droughts and heavy rains due to climate change have reduced crop yields and threatened its ability to continue the cultural practice.
The complaint stated that rising sea levels also threatened to flood their land.
The terms of the settlement include establishing a greenhouse gas reduction plan within one year of the agreement, outlining a roadmap to decarbonize Hawaii’s transportation system over the next twenty years.
The provisions also include “immediate, ambitious investments in clean transportation infrastructure,” such as completing pedestrian and bicycle networks within five years, and spending at least $40 million to expand the public electric vehicle charging network by 2030.
A voluntary youth council will advise the Ministry of Transport.
The plaintiffs said they found some hope in the settlement.
“Being heard and moving forward with the state in the fight against climate change is incredibly satisfying and empowering,” a prosecutor identified as Rylee Brooke K. said in a statement.
Elsewhere, youth efforts to pressure state or federal governments have been mixed.
The city of Honolulu has filed two lawsuits against major oil and gas companies accusing them of participating in a deceptive campaign and misleading the public about the dangers of their fossil fuel products and the impact on the environment. The oil companies have appealed to the Supreme Court in an attempt to halt the lawsuits.
In May, a federal appeals court dismissed a long-running lawsuit brought by young Oregon climate activists who argued that the U.S. government’s role in climate change violates their constitutional rights.
Early this year, the state Supreme Court in Montana rejected a state request to block it the historic climate decision that said regulators must take into account the effects of greenhouse gas emissions when granting permits for fossil fuel development while the appeal was pending. The case was brought by juvenile plaintiffs. Oral arguments before the Montana Supreme Court are scheduled for July 10.
