Hawaii settles lawsuit from youths over climate change. Here’s what to know about the historic deal

HONOLULU– About two years after 13 children and teens sued Hawaii over the threat posed by… climate changereaches both parties a settlement that includes an ambitious requirement to decarbonize the state’s transportation system over the next 21 years.

It’s yet another example of a younger generation channeling their frustration with the government’s response to the climate crisis into a legal battle.

According to statements from both parties, Navahine v. Hawaii Department of Transportation is the world’s first youth-led constitutional climate case addressing climate pollution from the transportation sector.

The lawsuit said one plaintiff, a 14-year-old native Hawaiian, came from a family that had grown 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.

According to the complaint, rising sea levels also threaten to flood their land.

Another plaintiff lost her home twice due to climate change-related events, according to Our Children’s Trust, a public interest law firm representing the plaintiffs: hurricane flooding in 2018 and last year’s deadly wildfire that destroyed Lahainaon the island of Maui.

Here are some things to know about the historic settlement:

First Circuit Circuit Court Judge John M. Tonaki signed a settlement agreement Thursday between the plaintiffs, who are also represented by another law firm, Earthjustice, and the state of Hawaii and its Department of Transportation.

The lawsuit 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. It accused the Ministry of Transport of consistently prioritizing highway construction over other forms of transport.

Burning fossil fuels – oil, gas and coal – is the… main contributor to global warming caused by human activity. Hawaii is the state most dependent on petroleum, according to Our Children’s Trust.

A key part of the agreement requires Hawaii to achieve net-zero greenhouse gas emissions for all transportation modes “by 2045,” including land transportation and inter-island maritime and air transportation.

The state must also come up with a greenhouse gas reduction plan within a year.

The Transportation Department, working with Hawaii counties, must complete pedestrian, bicycle and mass transit networks within five years, while spending at least $40 million to expand the public electric vehicle charging network by 2030.

The terms of a settlement may seem ambitious, but as an isolated island chain in the middle of the Pacific Ocean, Hawaii is on the “front lines” of climate disasters, Andrea Rodgers, an attorney for Our Children’s Trust, told the Associated Press on Friday.

“They really have no choice but to take action and tackle the climate crisis to protect their residents and the young people who want to live here,” she said.

Under the settlement, Hawaii will also have to answer to a judge who will enforce the agreement if disputes arise.

The lawsuit, filed in June 2022, was scheduled to go to trial next week. The state does not admit any liability or wrongdoing in reaching a settlement.

The parties said the settlement was also the first of its kind between a state government and youth plaintiffs to address constitutional issues arising from climate change.

However, Rodgers is also involved in similar legal battles in Montana and Oregon.

The Montana case prevailed at trial, when a judge ruled last year those were government agencies violation of constitutional law to a clean and healthy environment by enabling the development of fossil fuels.

Early this year, the state Supreme Court has rejected a government request to block the ruling pending the appeal. Oral arguments before the Supreme Court are scheduled for July 10.

In the Oregon case: a federal appeals court has dismissed a long-running lawsuit brought to you by young climate activists who challenge the role of the US government in this climate change. The case is still before the 9th US Circuit Court of Appeals.

Overseas, six young adults and children from Portugal argue before the European Court of Human Rights that governments across the continent are not doing enough to protect people from climate change.

While Gov. Josh Green, Transportation Director Ed Sniffen and plaintiffs’ attorneys all celebrated the settlement, it was a hard-fought battle.

“The defendants have aggressively defended the case,” Rodgers said.

The state has spent nearly $3 million on an out-of-state law firm and other costs, including expert witness fees. The attorney general’s office said it remained in charge of the case despite the help of an outside firm.

The state initially moved to dismiss the lawsuit, arguing that the court “cannot co-opt the legislative and executive branches by issuing an order directing HDOT to create new regulatory programs.”

The state also had to agree that plaintiffs’ statements would be conducted with the sensitivity appropriate to their age, Rodgers said.

“There was resistance,” Rodgers said of reaching the settlement. “But ultimately, Governor Green and … Sniffen showed incredible leadership and made the decision to work with the youth and not against them.”

Implementation over the next 21 years will require both commitment from Hawaii’s leaders and involvement from young people, Rodgers said.

There will also need to be a cultural change in Hawaii, which is car-dependent and has poor traffic.

“I think once people see the investments that are needed in bicycle, pedestrian and public transportation, people will really start to see that this is a system that works better for Hawaii and for the community,” Rodgers said.

“It is essential that young people’s voices are part of this process,” she added.

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