On June 24, the State of Hawaii entered into a settlement agreement with a group of thirteen plaintiffs, all minor children, concerning the impact of climate change and the efforts the State of Hawaii would make to reduce its contributions to climate change. Specifically, Hawaii committed to achieving “zero [greenhouse gas] emissions across all transportation modes within the State” by “no later than 2045.” Perhaps more significantly, the State of Hawaii recognized that “Youth Plaintiffs have constitutional rights to a clean and healthful environment consistent with . . . the Hawai'i Constitution,” and this includes “a right to a life-sustaining climate system”--i.e., that there is a constitutional right to be protected from climate change.
This lawsuit is one of several brought by youth plaintiffs around the United States advocating for a constitutional right to a healthy environment that governments must protect by taking steps to address climate change. While the primary federal lawsuit--the Juliana case--was dismissed due to a lack of standing, certain cases brought under state constitutions have proved more successful--both this settlement in Hawaii and a recent victory by similar youth plaintiffs in Montana. These successes may embolden additional litigation, relying upon state constitutions, to further establish this asserted constitutional right, and so compel state governments to embark upon actions to address climate change.
Young plaintiffs in Hawaii leading a landmark constitutional climate lawsuit have settled their case with an agreement to transform the state’s transportation system.
Parties in Navahine v. Hawaiʻi Department of Transportation voluntarily concluded litigation with a first-of-its-kind settlement announced on Thursday, which includes a Greenhouse Gas Reduction Plan for achieving “zero emissions in all ground transportation, and interisland sea and air transportation, by 2045,” according to a press release.
The settlement also acknowledges the cornerstone argument of the youths’ case: the constitutional right to a life-sustaining climate.
“Defendants, in establishing, maintaining, and operating the state transportation system, must preserve, protect, and maintain Hawai’i’s public trust resources and all Hawai’i citizens’ rights to a clean and healthful environment,” according to the recognition of rights outlined in the settlement.
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