The government of Hawaii on Thursday (June 20) settled a lawsuit with 13 children and teens who had sued the state’s Department of Transport over its use of fossil fuel that contributes to climate change. The settlement includes an ambitious requirement to decarbonise Hawaii’s transportation system over the next 21 years. The lawsuit, which was filed in 2022, is the world’s first youth-led constitutional climate case addressing climate pollution from the transportation sector, according to the activists and lawyers involved in the case. The settlement is the latest in a series of victories in climate-related cases by young plaintiffs across the world. What was the lawsuit? The lawsuit, Navahine v. Hawaii Department of Transportation, argued that Hawaii’s Department of Transport had violated the plaintiff’s constitutional right to a clean and healthful environment by implementing transportation policies and prioritising infrastructure projects that use fossil fuels. The lawsuit also cited “Hawaii’s constitutional pledge to “conserve and protect Hawaii’s natural beauty and all natural resources” and pointed to the fact that Hawaii’s transport sector is projected to make up 60 per cent of the state’s emissions by 2030,” according to a report by Al Jazeera. The burning of fossil fuels such as oil, gas, and coal is the primary reason behind the soaring global temperatures. It results in the release of greenhouse gases (GHGs) like carbon dioxide and methane, which trap the heat in the atmosphere, leading to warming. Warmer temperatures have had severe consequences including worsening of extreme weather events such as droughts and floods across the world. For instance, according to the lawsuit, heavy rainfall and droughts due to climate change in Hawaii are threatening one of the plaintiff’s ability to continue her family’s tradition of farming the root vegetable taro. What is the settlement? According to the settlement, Hawaii needs to achieve zero GHG emissions across all transportation modes, including ground transportation and sea and air interisland transportation by 2045. The state also has to publish a greenhouse gas reduction plan within a year. Pedestrian, bicycle, and transit networks need to be completed within five years, while allotting at least $40 million to expand the public electric vehicle charging network by 2030. Additionally, the state of Hawaii will be accountable to a judge who will enforce the agreement in case disputes arise. What are the challenges? Hawaii’s Democratic Governor Josh Green has called the settlement “groundbreaking” and said it “informs how we as a state can best move forward to achieve life-sustaining goals.” However, meeting the ambitious goal of net zero will not be a cakewalk for Hawaii’s Department of Transport. For instance, the department “oversees the state’s airports, and there are currently no feasible ways to power passenger jets without fossil fuels,” according to a report by The New York Times. It also manages Hawaii’s harbours, where container ships and cruise ships also use fossil fuels.
