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Landmark victory in Hawai‘i Youth-Led Climate Lawsuit.

21 Jun 2024
Youth plaintiffs of the Navahine v. Hawaiʻi Department of Transportation. Photo credit: https://navahinevhawaiidot.ourchildrenstrust.org/

Youth plaintiffs in the Navahine v. Hawaiʻi Department of Transportation constitutional climate suit announce and celebrate a groundbreaking agreement resolving the case.

The judicial ruling in the landmark case Navahine v. Hawaiʻi Department of Transportation marks a significant victory for youth-led climate action. This historic settlement, approved by the court, requires the state of Hawaiʻi to implement a comprehensive plan to achieve zero emissions in its transportation sector by 2045. The case was initiated in June 2022 by 13 youth plaintiffs, represented by Our Children’s Trust and Earthjustice, who argued that the Hawaiʻi Department of Transportation's (HDOT) operations, resulting in high levels of greenhouse gas emissions, violated their state constitutional rights to a clean and healthful environment. Many of the Navahine plaintiffs are Native Hawaiian youth who are already experiencing climate change harms like sea level rise, drought, floods, and fires, which have threatened their lives and their ability to practice cultural traditions such as kalo farming, fishing, and gathering. When the case was filed, the plaintiffs were between the ages of nine and 18. 

The court-approved settlement agreement mandates that HDOT commits to a series of transformative actions. These include developing a Greenhouse Gas Reduction Plan within one year, prioritizing decarbonization in budgeting and programming, and establishing a leadership unit responsible for ensuring the implementation of new policies. Moreover, the agreement emphasizes the use of the best available science, targeting a reduction in atmospheric carbon dioxide levels to below 350 ppm this century. The settlement also creates a volunteer youth council to advise HDOT, ensuring that the plaintiffs and other youth remain involved in shaping and monitoring the state’s climate policies. 

Governor Josh Green and HDOT Director Edwin Sniffen have expressed strong support for the agreement, highlighting it as a model for other states and nations. They emphasized the importance of this partnership, which not only addresses urgent climate needs but also empowers youth by recognizing their constitutional rights to a life-sustaining climate. The court will retain jurisdiction to enforce the agreement until 2045, ensuring that Hawai’i stays on track to meet its ambitious climate goals and serves as an example for comprehensive decarbonization efforts worldwide. 

 

Testimonials and Reactions 

Navahine F., one of the youth plaintiffs, expressed pride in their achievement: "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. Mai kuhihewa, young people have the power to make a difference for their futures." 

Rylee Brooke K., another youth plaintiff, highlighted the importance of being heard and working together with the state: "Being heard and moving forward in unity with the State to combat climate change is incredibly gratifying and empowering. This partnership marks a pivotal step towards preserving Hawaiʻi 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." 

Lucina, a 17-year-old plaintiff, shared her hopes about the impact of the agreement: "A great thing to talk about is the kind of hope this brings to us. For many of us, it’s kind of been our whole life, seeing our beaches falling into the water and our coral reefs disappearing." 

Hawaiʻi Governor Josh Green acknowledged the significance of the case and expressed his support for the youth plaintiffs: "You have a constitutional right to fight for life-sustaining climate policy and you have mobilized our people in this case." 

Review the Navahine Settlement Agreement here and Press Release here. More information can be found here

 

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