Youth Plaintiffs Reach Historic Agreement in Hawaii Constitutional Climate Case

0
185
47334840292 Fa37a41eed O Jpg
Photos taken at the Global Climate Strike in London on Friday 15th March 2019.

 

Thirteen youth plaintiffs who sued Hawaii’s Department of Transportation announced a historic settlement agreement, together with Gov. Josh Green and Hawaii Department of Transportation Director Edwin Sniffen. The agreement, announced at a Hawaii State Capitol press conference, recognizes children’s constitutional rights to a life-sustaining climate and mobilizes HDOT to plan and implement transformative changes of Hawaii’s transportation system to achieve zero emissions in all ground transportation, and inter-island sea and air transportation, by 2045. Multiple interim targets are specifically required to ensure compliance.

The case filed in June 2022 alleged that, by depending on polluting fuels such as gasoline, the HDOT was violating Hawaii’s constitution, which guarantees the “right to a clean and healthful environment,” and that the state was set to miss its 2045 carbon-neutral goal by a wide margin, despite being a leader in climate change recognition.

“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,” said 16-year-old lead plaintiff Navahine F. “Mai kuhihewa (Make no mistake) young people have the power to make a difference for their futures.”

“Being heard and moving forward in unity with the state to combat climate change is incredibly gratifying, and empowering,” said youth plaintiff Rylee Brooke Kamahele. “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 plaintiffs were represented by Earthjustice and Our Children’s Trust, which has brought a wave of similar lawsuits since its founding in 2010.

“Our courts are essential guardians of children’s constitutional rights and empowered to protect the planet, but they rely on our collective engagement,” said Julia Olson, founder and chief legal counsel for Our Children’s Trust. “Navahine youth plaintiffs activated the courts and inspired true democracy in action — all three branches of government committing to work together to do what needs to be done according to best available science, to safeguard their futures. Young people across the country and around the world will follow in their footsteps, carrying the same values of care, defense and love of the land to action.”

“We are the most isolated landmass on the planet. We’re dependent, too dependent on fossil fuels, we’re vulnerable to climate change impacts like rising sea levels, coastal erosion, and extreme weather events like we saw in Maui,” Gov. Green said. “So it’s important that we stand up for the future and we’ve set up ambitious goals to decarbonize our economy.”

Green also praised the activists who sued the state.

“The passion demonstrated by these young people in advocating for a healthy, sustainable future for their generation and those to come, is laudable,” he stated. “This settlement informs how we as a state can best move forward to achieve life-sustaining goals and further, we can surely expect to see these and other youth in Hawaiʻi continue to step up to build the type of future they desire.”

Hawaii’s attitude of intergenerational environmental responsibility stands in stark contrast with the second most climate-vulnerable state, Florida. On May 17, Florida Gov. Ron DeSantis signed a law that deletes climate change from state law, nullifies goals to enhance renewable energy use and bans offshore wind development within a mile of the coastlines.

As Florida wallows in climate denial, the Hawaii settlement “includes numerous provisions for immediate and ongoing action steps,” Our Children’s Trust said in a press release. Examples include:


  • Establishing a Greenhouse Gas Reduction Plan within one year of the agreement, laying the foundation and roadmap to decarbonize Hawaiʻi’s transportation system within the next 20 years.

  • Establishing a volunteer youth council to advise on HDOT’s mitigation and adaptation commitments in the years to come.

  • Improving its transportation infrastructure budgeting process to prioritize reduction of GHG and vehicles miles traveled (VMT) and transparently analyze and disclose the GHG and VMT impacts of each project and the overall program.

  • Making immediate, ambitious investments in clean transportation infrastructure, including completing the pedestrian, bicycle and transit networks in five years, and dedicating a minimum of $40 million to expanding the public electric vehicle charging network by 2030.

“Today is a victory for us, the state, and every young person who believes in the power of their voice,” Kamahele said. “Let’s strive for a future where sustainability and justice prevail.”

Tell us what you think about this story.