Thirteen children and teenagers in Hawaii took the state government to court in the face of the threat posed by climate change. Now they're 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 America taking their climate concerns to court.
The settlement reached in Navahine v. Hawaii Department of Transportation recognizes children's constitutional rights to a climate that sustains life, Gov. Josh Green and attorneys for the law firms of interest said Thursday public Our Children's Trust and Earthjustice in separate statements.
The young people in the lawsuit had argued that Hawaii was violating the state constitution by operating a transportation system that harms the climate and violates 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 burning of fossil fuels—oil, gas and coal—is the main contributor to global warming caused by human activity. According to Our Children's Trust, Hawaii is the most oil-dependent state in the US for its energy needs.
The parties said the settlement was the first between a state government and youth plaintiffs to address constitutional issues arising from climate change.
“Climate change is indisputable,” Transportation Director Ed Sniffen said in the governor's statement. “Burying our heads in the sand and making it the problem of the next generation is not pono”, or it is not correct.
Personal frustrations led to the 2022 demand, along with a greater sense of activism that has fueled youth climate movements around the world.
The suit said one plaintiff, a 14-year-old Native Hawaiian raised in Kaneohe, was from a family that has grown taro for more than 10 generations. However, extreme droughts and heavy rains caused by climate change have reduced crop yields and threatened their ability to continue cultural practice.
The complaint said rising sea levels also threatened to submerge their lands.
Provisions of the agreement include the establishment of a greenhouse gas reduction plan within one year of the agreement that establishes a roadmap to decarbonize Hawaii's transportation system in the next 20 years
The provisions also include “immediate and ambitious investments in clean transportation infrastructure,” such as completing pedestrian and bicycle networks within five years and devoting at least $40 million to expanding the public electric vehicle charging network by 2030.
A council of young volunteers will advise the Department of Transport.
The plaintiffs said they found some hope in the settlement.
“Being heard and moving forward in unity with the state to combat climate change is incredibly rewarding and empowering,” one plaintiff, identified as Rylee Brooke K., said in a statement.
Elsewhere, youth efforts to pressure the state or federal government have been mixed.
The city of Honolulu filed two lawsuits against major oil and gas companies accusing them of engaging in a misleading campaign and misleading the public about the dangers of their fossil fuel products and environmental impacts. The oil companies have gone to the Supreme Court to try to stop the lawsuits.
In May, a federal appeals court rejected a long-running lawsuit brought by young Oregon climate activists who argued that the US government's role in climate change violated their constitutional rights.
Earlier this year, the Montana state Supreme Court rejected a state block request the climate reference that these regulators must consider the effects of greenhouse gas emissions when issuing permits for fossil fuel development while their appeal was pending. This case was brought by young plaintiffs. Oral arguments before the Montana Supreme Court are set for July 10.
