Hawaii Reaches ‘Groundbreaking’ Settlement in Youth Climate Change Case, Reports Reuters

By Nate Raymond

Hawaii has committed to decarbonizing its transportation system by 2045, a decision made to settle a lawsuit filed by 13 young people who claimed the state’s infrastructure contributes to greenhouse gas emissions and climate change, violating their constitutional rights.

Governor Josh Green announced this landmark settlement during a news conference with some of the activists and attorneys involved in the case, which is recognized as a pioneering youth-led climate lawsuit advocating for zero emissions in transportation.

The plaintiffs argued that the state had prioritized infrastructure developments like highway expansion over initiatives aimed at reducing carbon emissions. Governor Green emphasized the urgency of addressing climate change, stating, “This is a priority because we know now that climate change is here.”

The lawsuit was scheduled for trial soon, marking it as the second-ever case in the U.S. brought forth by young individuals claiming that climate change threatens their future and health due to governmental policies.

Under the settlement terms, Hawaii will create a roadmap to achieve zero emissions across its ground, sea, and inner island air transportation by 2045, coinciding with the state’s goal of becoming carbon neutral.

The agreement includes enforceable measures, such as forming a volunteer youth council to guide the Department of Transportation, which has committed to reshaping its planning to prioritize greenhouse gas reduction and establishing a dedicated unit for decarbonization.

Additionally, the department plans to allocate at least $40 million to enhance the public electric vehicle charging network by 2030 and to accelerate upgrades to the state’s pedestrian, bicycle, and public transit systems.

Leinā’ala Ley, an attorney for the youth activists from Earthjustice, stated that this agreement “gives Hawaii a boost in our race against climate disaster and offers a model of best practices that other jurisdictions can also implement.”

This lawsuit is part of a broader trend of similar actions by young environmentalists in the U.S., asserting that government policies exacerbate climate change by enabling fossil fuel extraction and consumption. Represented by the nonprofit law firm Our Children’s Trust, the young plaintiffs argued that these policies infringe upon their rights under the U.S. and state constitutions.

While several cases have been dismissed by courts, the youth activists achieved a significant victory last year when the first such case went to trial in Montana. In that instance, a judge ruled against policies that prevented regulators from assessing climate change impacts in fossil fuel project approvals, recognizing that these policies violate the rights of young people.

The lawsuit in Hawaii was initiated in 2022, asserting that the state’s Department of Transportation was violating constitutional mandates and impairing the right to a sustainable climate. The young plaintiffs, aged 9 to 18 at the time of filing, argued that the Hawaii Constitution guarantees a clean and healthful environment and mandates the protection of the state’s natural resources.

Hawaii state officials spent $3 million fighting the case, claiming that the zero-emission target and other emission-reducing laws were merely “aspirational,” and thus could not be used as a basis for claims of constitutional violations regarding the young people’s rights.

However, in April 2023, Judge Jeffrey Crabtree refuted this argument, indicating that the laws necessitate immediate planning and action to combat climate change, and acknowledged that the state’s inaction had already adversely affected the plaintiffs.

“Transportation emissions are increasing and will continue to rise at this rate,” Crabtree noted. “The alleged harms are not hypothetical or only in the future; they are current, ongoing, and worsening.”