**Decarbonizing Hawaii’s Transportation System: Youth-Led Lawsuit Leads to Landmark Agreement**
In a groundbreaking development, the state of Hawaii has reached a historic settlement with 13 young plaintiffs who took legal action against the government over its handling of climate change. The result? Hawaii has committed to decarbonizing its transportation system by 2045.
About two years ago, a group of plaintiffs aged between 10 and 20 filed a lawsuit known as Navahine v. Hawaii Department of Transportation, asserting that the state’s reliance on fossil fuels in its transportation infrastructure infringed upon their constitutional rights to a clean and healthy environment. This case marked the first-ever youth-led climate lawsuit targeting emissions from the transportation sector.
Circuit Court Judge John M. Tonaki approved the settlement agreement, effectively avoiding the need for a trial scheduled for the following week. The plaintiffs were represented by Earthjustice and Our Children’s Trust, organizations dedicated to environmental advocacy.
**Key Provisions of the Settlement**
The agreement includes a commitment from Hawaii to achieve zero greenhouse gas emissions across all transportation modes by 2045. Within the next year, the state must develop a comprehensive greenhouse gas reduction plan. Moreover, Hawaii’s Department of Transportation is mandated to complete pedestrian, bicycle, and transit networks in collaboration with county authorities within five years.
Additionally, the state has pledged at least $40 million to expand the public electric vehicle charging network by 2030.
“They really have no choice but to step up and address the climate crisis to protect their residents and young people who want to live here,” said Andrea Rodgers, an attorney with Our Children’s Trust.
**Youth Plaintiffs’ Concerns**
The lawsuit shed light on the personal impact of climate change on the young plaintiffs. For instance, a 14-year-old Native Hawaiian girl, whose family has been farming taro for over 10 generations, faced disruptions due to extreme weather patterns attributed to climate change. Rising sea levels posed a threat to submerge their ancestral lands.
Another plaintiff experienced the loss of her home twice due to climate change-related disasters, once from flooding caused by a hurricane in 2018 and again during last year’s devastating wildfire in Lahaina, Maui.
**Hawaii’s Position and Costs**
Although Hawaii Governor Josh Green and Transportation Director Ed Sniffen celebrated the settlement, reaching this point was challenging. Initially, the state sought to dismiss the lawsuit, arguing that the court had exceeded its authority by attempting to dictate regulatory policy to the Department of Transportation.
The state incurred nearly $3 million in legal fees, including costs for out-of-state legal representation and expert witnesses, underscoring the contentious nature of the proceedings.
“There was resistance,” Rodgers acknowledged, but commended the state’s leaders for choosing to collaborate with the youth plaintiffs rather than oppose them.
**Implications and Future Steps**
The significance of the settlement extends beyond its terms as it sets a precedent as the first agreement of its kind addressing constitutional climate claims by youth against a state government. This outcome is expected to influence similar ongoing cases in Montana and Oregon and may resonate in international legal arenas, such as the European Court of Human Rights, where young plaintiffs from Portugal are advocating for more robust climate protections.
Following the settlement, Hawaii faces the challenge of transforming its car-dependent culture and infrastructure. “Once people start seeing the investments needed to be made in bike, pedestrian, and transit assets, they will realize that this system works better for Hawaii and the community,” remarked Rodgers.
In conclusion, Hawaii’s commitment to decarbonize its transportation system sets a precedent for sustainable change, demonstrating the power of collaboration between young activists and governmental authorities.
