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

Filed

United States of America

Hawaii

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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

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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.

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

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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.

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.

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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