Hawaii Settles Climate Lawsuit Brought by 13 Youths, Agrees to Net Zero by 2045

Hawaii Gov. Josh Green speaks at a news conference in Honolulu, Hawaii, on Dec. 15, 2023. (Audrey McAvoy/AP Photo)

Hawaii has reached a court-approved settlement with 13 children and teenagers who sued the state government over allegations that it was violating the state constitution by operating a transportation system that harms the climate and impinges on the plaintiffs’ right to an unpolluted environment.

The settlement agreement, filed on June 20, is for the case Navahine v. Hawaii Department of Transportation, in which the 13 youths alleged violations of the constitutional public trust doctrine and constitutional right to a “clean and healthful environment,” after Hawaii’s Legislature claimed that an “existential climate emergency threatens humanity and the natural world.”

“The passion demonstrated by these young people in advocating for a healthy, sustainable future for their generation and those to come, is laudable,” Hawaii Gov. Josh Green said in a statement.

Under the agreement, the Hawaii Department of Transportation (HDOT) will adopt a greenhouse gas emission reduction plan that will decarbonize the state’s transportation system over the next 20 years.

The plan, which will be established within one year of the agreement, creates a roadmap that sets specific greenhouse gas emission targets at five-year intervals, with different benchmarks for ground, air, and marine transportation. The overarching goal is to hit net-zero emissions by 2045.

Under the agreement, HDOT has promised to take “any actions necessary” to hit the emissions target. This includes creating a volunteer youth council to advise HDOT, along with the establishment of a special unit led by a “Climate Change Mitigation & Culture Manager.”

The 13 young plaintiffs were represented by two nonprofit, public-interest law firms, Earthjustice and Our Children’s Trust.

“We got what we came for, and we got it faster than expected,” said Navahine F., one of the youth plaintiffs, according to a joint statement from the two organizations.

The settlement agreement also includes a pledge for immediate investments in clean transportation infrastructure. This includes completing pedestrian, bicycle, and transit networks in five years and spending at least $40 million to expand the public electric vehicle charging network by 2030.

Hawaii State Environmental Court Judge John Tonaki formally accepted the settlement on June 20, which means the trial that was scheduled to begin on June 24 will not proceed.

“Climate change is indisputable,” HDOT director Ed Sniffen said in a statement, commenting on the settlement.

While climate change itself is less in dispute, expert opinions vary widely as to its causes, severity, and what—if anything—should be done about it.