We’re excited to share the news that youth plaintiffs in Navahine v. Hawaiʻi Department of Transportation have secured a historic victory!
Thirteen years in the making, Navahine v. Hawaiʻi Department of Transportation is the first settlement in a constitutional climate case bringing systemic decarbonization of a state transportation system.
Yesterday, in a joint press conference with Hawaiʻi Governor Josh Green and Department of Transportation (HDOT) Director Edwin Sniffen, youth plaintiffs and their attorneys announced the groundbreaking settlement agreement, recognizing children’s constitutional rights to a life-sustaining climate and mobilizing the Hawaiʻi Department of Transportation (HDOT) to plan and implement transformative changes to fully decarbonize Hawaiʻi’s economy and transportation system by 2045!
This is Huge!
Navahine v. Hawaiʻi Department of Transportation is the world’s first, youth-led constitutional climate case addressing climate pollution from the transportation sector. Thirteen youth from across the Hawaiian Islands brought the case in June 2022, asserting their rights to a safe and healthy climate and asking the Hawaiʻi state government to join with them, taking necessary actions to meet the climate emergency and enable Hawaiʻi’s paradigm shift to a climate-safe, zero emissions transportation system. Many of the Navahine plaintiffs are Native Hawaiian youth who are already experiencing climate change harms like sea level rise, drought, floods, and fires, which have threatened their lives and their ability to perpetuate cultural practices.
In the settlement agreement, HDOT and defendants have agreed to take all actions necessary to achieve Zero Emissions no later than 2045 for ground transportation, sea, and interisland air transportation, including:
- Establishing a Greenhouse Gas Reduction Plan within one year of the Agreement, laying the foundation and roadmap to fully decarbonize Hawaiʻi’s transportation system within the next 20 years, and offering a replicable model for transportation systems around the world.
- Reforming the Department of Transportation’s budgeting and programming to prioritize the decarbonization of transportation.
- Creating a new leadership unit that will be responsible for ensuring new policies are implemented, and benchmarks and targets are met in the time required to meet greenhouse gas emission reduction goals.
- Providing youth with a seat at the table, requiring HDOT to keep Navahine plaintiffs informed, providing them with opportunities to provide feedback and input into shaping policies, and establishing a volunteer youth council to advise on HDOT’s commitments in the years to come.
The Court will continue to hold jurisdiction to ensure all terms of the agreement are met.
The Navahine Settlement Agreement is unparalleled in its nature, scope, and length in terms of an implementation plan to achieve greenhouse gas emission reductions, anywhere. The transportation sector is the largest source of emissions in the US, and the third largest globally. By reforming its transportation system, Hawai’i will be a model for governments across the country and around the world.
Navahine grows from more than a decade of work by 169 plaintiffs represented by Our Children’s Trust nationally, and globally to get the Court engaged in recognizing and protecting youth climate rights. Nine years ago, Juliana v. United States transformed the judicial landscape by recognizing, for the first time, that youth hold rights to a stable climate system that protects human life and liberty. Inspired by Juliana, the Hawai’i Supreme Court similarly recognized a constitutional right to a life-sustaining climate system under state law, setting the stage for yesterday’s win.
The case, built on 13 years of work by Our Children’s Trust, marks a pivotal moment in the fight for climate justice, made possible in collaboration with the community of Hawai’i, our local partners at Earthjustice, and with the backing of people like you. Our collective triumph validates the rights of youth in Hawai’i and paves the way for actionable solutions for current and future generations, inspiring a renewed commitment to protecting our planet.
To honor this triumph, the Delores Barr Weaver Legacy Fund is matching all gifts dollar for dollar up to $100,000!
We will also be hosting an event on June 24 at 10 am in Honolulu (when we would have been in court!) for plaintiffs and their communities to come together and celebrate their success. For those not on the island or unable to attend, the celebration will be livestreamed on our social media platforms (@youthvgov). Click here for more details to attend virtually (1:00pm PT | 4:00pm ET). We hope to see you in-person or online!
Mahalo nui,
The Team at Our Children’s Trust