Historic agreement settles Navahine climate litigation

Government
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Governor Josh Green | Governor of Hawaii

All parties to the agreement herald a collaborative path forward. “Today’s settlement shows that the state and HDOT are truly committed to transformative action to reduce our transportation emissions before it’s too late. This new partnership puts climate action in the fast lane towards a more just and equitable future,” said Leinā‘ala Ley, an attorney with Earthjustice and co-counsel representing Navahine and her 12 fellow youth plaintiffs.

Of the settlement agreement, the lead plaintiff in the lawsuit, Navahine F., said, “I am so proud of all the hard work to get us to this historic moment. We got what we came for, and we got it faster than we expected. Mai kuhihewa young people have the power to make a difference for their futures.”

Plaintiff Rylee Brooke K. added, “Being heard and moving forward in unity with the state to combat climate change is incredibly gratifying and empowering. This partnership marks a pivotal step towards preserving Hawaiʻi for future generations — one that will have a ripple effect on the world. I hope our case inspires youth to always use their voices to hold leaders accountable for the future they will inherit.”

Hawai‘i State Environmental Court Judge John Tonaki formally accepted the settlement this morning, which means the trial that was scheduled to begin on Monday will not proceed.

“Our courts are essential guardians of young peoples’ constitutional rights and empowered to protect the planet, but they rely on our collective engagement. The thirteen youth Plaintiffs in Navahine v. Hawaiʻi Department of Transportation activated the courts and achieved the first Settlement Agreement in a constitutional climate case, paving the way for systemic decarbonization of transportation. This historic Agreement offers a holistic roadmap for states and countries to follow around the world,” said Andrea Rodgers, deputy director for U.S. Strategy at Our Children’s Trust and co-counsel for the Navahine plaintiffs.