On June 20, 2024, the Hawai‘i Circuit Court approved a settlement resolving claims brought by youth plaintiffs against the Hawai‘i Department of Transportation and other State defendants (HDOT). The plaintiffs alleged that the establishment, operation, and maintenance of Hawai‘i’s state transportation system violates the Hawai‘i Constitution’s public trust doctrine and right to a clean and healthful environment. The settlement agreement—which was approved four days before a trial was scheduled to begin—includes a “Recognition of Rights” that enumerates the plaintiffs’ rights and the defendants’ obligations under the Hawai‘i Constitution, state statutes, and Hawai‘i Supreme Court precedent. The agreement requires HDOT to take actions to achieve a “Zero Emissions Target” for ground and sea and air interisland transportation sectors by 2045, as required by a 2018 law. HDOT must set interim greenhouse gas emissions reduction targets for 2030, 2035, and 2040 and must develop “a concrete and comprehensive statewide plan” by May 2025 to reduce greenhouse gas emissions in accordance with this schedule. The settlement agreement specifies elements that the plan must include and provides for specific opportunities for the youth plaintiffs and the public to provide comments and feedback on the plan and on annual updates. The agreement also requires development and use of “a process and criteria for evaluating, selecting, and prioritizing projects” in transportation planning, as well as a “an objective, scientifically-based methodology to assess and report the total, long-term [greenhouse gas] emission and [vehicle miles traveled] impacts of each infrastructure project.” In addition, the agreement requires that HDOT establish a climate change mitigation unit within HDOT and a volunteer youth advisory council. The agreement includes commitments by HDOT to take actions to accelerate expansion of the electric vehicle charging network; accelerate expansion of multimodal transportation choices; develop and implement policies to achieve zero emissions; and increase efforts to sequester carbon. The agreement establishes dispute resolution procedures; once a party complies with these procedures, the party may bring a motion in the Circuit Court to enforce the agreement. The court retains jurisdiction of the case until the earlier of December 31, 2045 or the date on which the Zero Emissions Target is achieved.

Youth plaintiffs' lawsuit alleging that the establishment, operation, and maintenance of Hawai‘i’s state transportation system violates the Hawai‘i Constitution’s public trust doctrine and right to a clean and healthful environment.

Navahine F. v. Hawai‘i Department of Transportation

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In Settlement with Youth Plaintiffs, Hawai‘i Agreed to Actions to Bring Transportation Sector Emissions to Zero by 2045

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities involving the management, development, and sale of property assets.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

In Settlement with Youth Plaintiffs, Hawai‘i Agreed to Actions to Bring Transportation Sector Emissions to Zero by 2045

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance