Here's all you need to know about the historic settlement between Hawaii's young climate activists & govt

Hawaii has committed to a sweeping climate action plan after losing in a legal battle against thirteen children and teens who were frustrated about the state’s response to climate change.

The settlement, reached approximately two years after the lawsuit was filed, mandates significant changes to Hawaii’s transportation sector with the aim of achieving zero greenhouse gas emissions by 2045.

The case, known as Navahine v. Hawaii Department of Transportation, made history as the world’s first constitutional climate lawsuit led by youth.

The plaintiffs, represented by Our Children’s Trust and Earth justice, argued that Hawaii’s reliance on fossil fuels for transportation violated their constitutional rights to a clean and healthy environment.

The settlement, signed by Circuit Court Judge John M. Tonaki, requires Hawaii to overhaul its transportation infrastructure comprehensively.

This includes not only ground transportation but also sea and interisland air travel, aiming for complete decarbonisation within the next two decades.

Within one year, the state must draft a detailed plan outlining how it will achieve these ambitious goals, says the settlement.

Key provisions of the settlement also demand immediate action: Hawaii’s Department of Transportation must prioritise the expansion of public electric vehicle charging networks, with a minimum investment of $40 million by 2030.

Additionally, within five years, the department must complete integrated pedestrian, bicycle, and transit networks across the state’s counties.

Andrea Rodgers, an attorney with Our Children’s Trust, noted the significance of Hawaii’s geographic vulnerability to climate disasters in an interview after the historic win.

She described the state as being on the “front lines” of climate change impacts. She highlighted the necessity for Hawaii to protect its residents and natural heritage through proactive climate policies.

The settlement, while celebrated as a victory for climate advocates, was not easily won.

The state initially resisted the lawsuit, spending nearly $3 million in legal fees before agreeing to settle.

Governor Josh Green and Transportation Director Ed Sniffen eventually opted to collaborate with the youth plaintiffs rather than continue litigation.

Looking ahead, Rodgers stressed the importance of ongoing commitment and collaboration between Hawaii’s leadership and its younger generation.

“I think once people start seeing the investments that are needed to be done into the bike, pedestrian and transit assets, people are really going to start seeing that this is a system that works better for Hawaii and for the community,” Rodgers said.

“Having youth voices a part of this process will be essential,” she added.

More Such Lawsuits
In addition to her involvement in the Hawaii case, Andrea Rodgers is engaged in similar legal battles in Montana and Oregon.

In Montana, a significant legal victory was achieved when a judge ruled last year that state agencies were breaching the constitutional right to a clean and healthy environment by permitting fossil fuel development.

Despite the state Supreme Court declining to halt the ruling pending appeal earlier this year, oral arguments, in this case, are scheduled for July 10.

Meanwhile, in Oregon, a federal appeals court panel recently dismissed a longstanding lawsuit filed by young climate activists challenging the U.S. government’s responsibility in climate change.

The case is currently under review at the 9th U.S. Circuit Court of Appeals.

In Portugal, six young adults and children are taking their case before the European Court of Human Rights.

They argue that governments throughout Europe are failing to protect their populations from the impacts of climate change.

With inputs from agencies