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

 

 

About two years after 13 children and teens sued Hawaii over the threat posed by climate change, both sides reached a settlement that includes an ambitious requirement to decarbonize the state’s transportation system over the next 21 years.

It’s another example of a younger generation channeling their frustration with the government’s response to the climate crisis into a legal battle.

Navahine v. Hawaii Department of Transportation is the world’s first youth-led constitutional climate case addressing climate pollution from the transportation sector, according to statements from both sides...

What happened with the lawsuit this week?

Circuit Court Judge of the First Circuit John M. Tonaki signed a settlement agreement Thursday between the plaintiffs, who are also represented by another law firm, Earthjustice, and the state of Hawaii and its Department of Transportation.

The lawsuit argued that Hawaii was violating the state constitution by operating a transportation system that harms the climate and infringes upon the right to a clean and healthy environment. It accused the Department of Transportation of consistently prioritizing building highways over other types of transportation.

The burning of fossil fuels — oil, gas and coal — is the main contributor to global warming caused by human activity. Hawaii is the state that most depends on petroleum, according to Our Children’s Trust...

What is significant about the deal?

The parties said the settlement was also the first of its kind between a state government and youth plaintiffs to address constitutional issues arising from climate change.

Rodgers is also involved in similar legal battles in Montana and Oregon, however.

The Montana case prevailed at trial, when a judge ruled last year that state agencies were violating the constitutional right to a clean and healthy environment by allowing fossil fuel development.

Early this year, the state Supreme Court declined a government request to block the ruling pending appeal. Oral arguments before the high court are set for July 10.

In the Oregon case, a federal appeals court panel rejected a long-running lawsuit brought by young climate activists challenging the U.S. government’s role in climate change. The case is still at the 9th U.S. Circuit Court of Appeals.

Overseas, six young adults and children from Portugal are arguing before the European Court of Human Rights that governments across the continent are not doing enough to protect people from climate change.

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