Youth and the State of Hawaiʻi Agree:
More Climate Action Needed

On June 20, 2024, youth plaintiffs and the Hawaiʻi Department of Transportation (HDOT) reached a historic settlement agreement in Navahine F. v. Hawaiʻi Department of Transportation that requires HDOT to enact various initiatives to significantly decarbonize the transportation sector. A key part of the agreement is that HDOT is obligated to achieve zero emissions in ground, sea, and inter-island air transportation by 2045.¹ The agreement comes as the Hawaiian government recognizes the scientific consensus surrounding the threat of anthropogenic climate change.

On June 1, 2022, 13 youth plaintiffs, represented by the environmental groups Our Children’s Trust and Earthjustice, sued HDOT and the state of Hawaiʻi. The youth plaintiffs alleged that HDOT violated both the public trust doctrine, a legal principle enshrined in the state constitution requiring the Hawaiian government to preserve and protect Hawaiʻi’s natural resources for its people (Haw. Const. art. XI, § 1), and the Hawaiian people’s constitutional right to a clean and healthful environment (Haw. Const. art. XI, § 9). The plaintiffs argued that Hawaiʻi’s transportation sector currently contributes a significant amount to Hawaiʻi’s greenhouse gas emissions, and that HDOT has continued to implement projects that promote the use of fossil fuel. While the Hawaiʻi Legislature has passed a climate-related law that establishes a statewide 2045 zero emissions target,² according to Earthjustice, HDOT has not been cooperating with other agencies to meet the state’s greenhouse gas reduction goals. Moreover, assuming business as usual, it is expected that Hawaiʻi’s transportation sector will account for up to 60% of Hawaiʻi’s total emissions by 2030.

In response to the lawsuit, the State of Hawaiʻi filed a motion to dismiss for lack of standing on grounds that HDOT is not responsible for greenhouse gas emissions and that instead responsibility for controlling emissions lies with the Hawaiʻi Legislature and third parties who use fossil fuel transportation options. However, the state trial court denied the motion, and the lawsuit was allowed to proceed with oral arguments anticipated to start date on June 24, 2024.

Right before trial began, HDOT and plaintiffs came to an agreement. Under the agreement, HDOT must create and implement a Greenhouse Gas Reduction Plan to significantly decarbonize the transportation sector. Within one year of this settlement, HDOT must publish the plan, revise the plan every five years until 2045, and provide a yearly update on the plan’s implementation progress. Furthermore, HDOT is required to open a public comment period for at least 30 days for both HDOT’s annual progress updates and the five-year revisions of the plan.

Moreover, HDOT is required to develop a variety of other plans and initiatives to ensure that the 2045 decarbonization goal is met. Some examples of proposed initiatives include: 1) the creation of a Climate Change Mitigation & Culture Manager to coordinate HDOT’s decarbonization; 2) the rapid expansion of non-automobile transportation choices like bicycle and public transit networks; and 3) dedicating at least $40 million to expanding public electric vehicle charging stations by 2030.

Overall, the settlement agreement is a unique first for U.S. climate litigation efforts. Unlike previous climate-related lawsuits, both the defendants and plaintiffs came to an agreement to support more climate-related action before the trial’s start date. While the agreement has been met with vocal support from many Hawaiian State Legislators, Our Children’s Trust has noted that sustained community support will be crucial to ensure the settlement agreement’s success.

Moving forward, this settlement agreement has implications for both the people of Hawaiʻi and the world as well. According to Earthjustice, this settlement agreement establishes a model that other governments and plaintiffs interested in climate-related lawsuits can replicate and follow. Altogether, the settlement agreement represents a growing movement of climate action led by young people in courts and may inspire more people to do the same.

For more on the Navahine F. settlement see:

• Stephanie Drake, Youth in Hawai’i Reach Historic Climate Settlement to Decarbonize it’s State Transportation Sector, Our Child's Tr. (last visited July 25, 2024)
• How Hawai‘i’s Youth Advocates are Fighting for Hawai‘i’s Future, Earthjustice (June 20, 2024)
• Evan George and Cara Horowitz, The Hawai’i Youth Climate Trial, LEGAL PLANET (June 18, 2024)
• Lesley Clark, Hawaii Reaches First Settlement in Youth Climate Case, E&E News: Politico (June 21, 2024)

¹ Joint Stipulation and Order of Settlement Agreement, Navahine F. v. Hawai’i Department of Transportation, 1CCV-22-0000631, (Haw. Ct. App. 2024).
²Haw. Rev. Stat. §225P-5, (amended 2022).