Hawaii Commits to Sweeping Climate Action Plan After Landmark Youth Lawsuit

Hawaii has made a significant commitment to a sweeping climate action plan after facing a legal battle brought by thirteen children and teens who were deeply concerned about the state’s inadequate response to climate change. This settlement, reached nearly two years after the lawsuit was filed, mandates substantial changes to Hawaii’s transportation sector, aiming to reach zero greenhouse gas emissions by 2045. The case, known as Navahine v. Hawaii Department of Transportation, marked a historic moment as the world’s first constitutional climate lawsuit led by youth. The plaintiffs, represented by Our Children’s Trust and Earthjustice, argued that Hawaii’s reliance on fossil fuels for transportation violated their constitutional rights to a clean and healthy environment. The settlement, signed by Circuit Court Judge John M. Tonaki, demands a comprehensive overhaul of Hawaii’s transportation infrastructure. This includes not only ground transportation but also sea and interisland air travel, with the goal of complete decarbonization within the next two decades. Within a year, the state must develop a detailed plan outlining how it will achieve these ambitious goals, according to the settlement. Key provisions of the settlement also call for immediate action: Hawaii’s Department of Transportation must prioritize the expansion of public electric vehicle charging networks, with a minimum investment of $40 million by 2030. Additionally, within five years, the department must complete integrated pedestrian, bicycle, and transit networks across all of the state’s counties. Andrea Rodgers, an attorney with Our Children’s Trust, emphasized the significance of Hawaii’s geographic vulnerability to climate disasters in an interview after the historic win. She described the state as being on the “front lines” of climate change impacts. She highlighted the necessity for Hawaii to protect its residents and natural heritage through proactive climate policies. While celebrated as a victory for climate advocates, the settlement wasn’t easily won. The state initially resisted the lawsuit, spending nearly $3 million in legal fees before agreeing to settle. Governor Josh Green and Transportation Director Ed Sniffen ultimately chose to collaborate with the youth plaintiffs rather than continue litigation. Looking ahead, Rodgers stressed the importance of ongoing commitment and collaboration between Hawaii’s leadership and its younger generation. “I think once people start seeing the investments that are needed to be done into the bike, pedestrian and transit assets, people are really going to start seeing that this is a system that works better for Hawaii and for the community,” Rodgers said. “Having youth voices a part of this process will be essential,” she added. In addition to her involvement in the Hawaii case, Andrea Rodgers is engaged in similar legal battles in Montana and Oregon. In Montana, a significant legal victory was achieved when a judge ruled last year that state agencies were breaching the constitutional right to a clean and healthy environment by permitting fossil fuel development. Despite the state Supreme Court declining to halt the ruling pending appeal earlier this year, oral arguments in this case are scheduled for July 10. Meanwhile, in Oregon, a federal appeals court panel recently dismissed a longstanding lawsuit filed by young climate activists challenging the U.S. government’s responsibility in climate change. The case is currently under review at the 9th U.S. Circuit Court of Appeals. In Portugal, six young adults and children are taking their case before the European Court of Human Rights. They argue that governments throughout Europe are failing to protect their populations from the impacts of climate change. These ongoing legal battles highlight the growing global movement of young people demanding climate action, holding governments accountable for their responsibility in addressing this critical issue.

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