Thirteen children and teenagers in Hawaii are taking the state government to court through the threat of climate change. Now he’s celebrating a settlement that underscores his plan to decarbonize Hawaii’s transportation system in the next 20 years.
This is the latest example of frustrated youth in the United States taking climate concerns to the courtroom.
The settlement reached in Navahine v. The Hawaii Department of Transportation recognizes the constitutional right of children to a life-sustaining climate, Gov. Josh Green and attorneys with public interest law firms Our Children’s Trust and Earthjustice said in separate statements Friday.
Young people in the suit argue that Hawaii is violating the state constitution by operating a transportation system that damages the climate and violates the right to a clean and healthy environment. More specifically, he accused the Hawaii Department of Transportation of consistently prioritizing highways over other forms of transportation.
The burning of fossil fuels – oil, gas and coal – is a major contributor to global warming caused by human activity. Hawaii is the state most dependent on U.S. petroleum for its energy needs, according to Our Children’s Trust.
The party said the settlement was the first between the state government and youth plaintiffs to address constitutional issues arising from climate change.
“Climate change is undeniable,” Transportation Director Ed Sniffen said in the governor’s statement. “Burying our heads in the sand and creating problems for the next generation is not pono,” or not true.
Personal frustration fueled the 2022 lawsuit, along with a larger sense of activism fueling youth climate movements around the world.
The lawsuit says one of the plaintiffs, a 14-year-old native Hawaiian who grew up in Kaneohe, comes from a family that has grown taro for more than 10 generations. However, droughts and heavy rains caused by climate change have reduced crop yields and threatened their ability to continue these cultural practices.
The complaint says rising seas also threaten to put their land under water.
Terms of the settlement include the establishment of a greenhouse gas reduction plan within one year of the agreement that lays out a roadmap to decarbonize Hawaii’s transportation system over the next 20 years.
Provisions also include “immediate and ambitious investments in clean transportation infrastructure” such as completing a pedestrian and bicycle network within five years, and allocating at least $40 million to develop a public electric vehicle charging network by 2030.
The volunteer youth council will advise the Department of Transportation.
The plaintiffs said they found hope in the settlement.
“Being heard and moving forward in unity with the country to fight climate change is heartwarming, and empowering,” one of the plaintiffs, identified as Rylee Brooke K., said in a statement.
Elsewhere, youth efforts to pressure state or federal governments have been mixed.
City of Honolulu filed two lawsuits against major oil and gas companies accusing them of engaging in campaigns that lie and mislead the public about the dangers of fossil fuel products and their environmental impact. Oil companies have appealed to the Supreme Court in an attempt to block the lawsuit.
In May, a federal appeals court panel dismissed a long-running lawsuit brought by Oregon-based climate activists who argued that the U.S. government’s role in climate change violated constitutional rights.
Earlier this year, the state Supreme Court in Montana rejected the state’s request to block it landmark climate rules who said regulators should consider the effects of greenhouse gas emissions when issuing permits for fossil fuel development while the appeal is pending. The case was filed by a youth plaintiff. Oral arguments before the Montana Supreme Court are set for July 10.
