Young activists in Hawaii win ‘groundbreaking’ climate settlement

Hawaii, on Thursday (Jun 20) agreed to a “groundbreaking” legal settlement with young climate activists who filed a lawsuit accusing the US state of violating the state constitution by operating a transportation system which harmed the climate and infringed upon their right to a clean and healthy environment which would officials to tackle the greenhouse gas emissions.

What is the lawsuit about?

The settlement reached in Navahine v Hawaii Department of Transportation recognises the children’s constitutional rights to a life-sustaining climate and would require the US state to take action to decarbonise its transportation system in the next 21 years. 

The lawsuit, by 13 young people aged between nine and 18, was filed in June 2022 and claimed that Hawaii’s pro-fossil fuel transportation policies violate their state constitutional rights. 

The complaint accused the state of prioritising projects including highway expansion instead of those that cut carbon emissions like efforts to introduce electric vehicles and promote walking and cycling. 

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This, as per the lawsuit, has impacted the plaintiff’s ability to live “healthful lives in Hawaii now and into the future” and violated their right to a clean and healthy environment which is guaranteed by the state’s constitution. 

The rising sea levels also threatened to put their lands underwater, the complaint said.

Notably, this was the first-ever youth-led climate case seeking zero emissions in transportation and the second-ever lawsuit in the United States filed by young people who claim their future and health are in jeopardy because of climate change and the state is violating their rights. 

A ‘groundbreaking’ settlement

Governor of Hawaii Josh Green, a Democrat, announced the “groundbreaking” settlement at a news conference. 

“We’re addressing the impacts of climate change today, and needless to say, this is a priority because we know now that climate change is here,” said Green. He added, “It is not something that we’re considering in an abstract way in the future.”

The settlement, which can be enforced in court, calls for the creation of a volunteer youth council to advise the state’s department of transport. 

Hawaii, as part of the settlement, will develop a roadmap to achieve zero emissions for its ground, sea, and inner island air transportation systems by 2045. 

The US state also plans to dedicate at least $40 million to expand its EV charging network by 2030 and ramp up efforts to improve Hawaii’s pedestrian, bicycle and public transit networks.

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The state had sought dismissal of the case arguing that the zero emissions target and other state laws promoting reduced carbon emissions were “aspirational” and could not form the basis of the claim that the state is violating the young plaintiff’s rights. 

However, Judge Jeffrey Crabtree in Honolulu rejected the argument in April last year saying that the laws required timely planning and action and that the state’s inaction has already harmed the plaintiffs. 

“We have extremely tough goals to hit by 2045 and this is going to make sure we move forward much faster,” Ed Sniffen, the head of Hawaii’s transportation department. 

(With inputs from agencies)