Inside the Hawai’i Youth-Led Climate Case Settlement: 8 Key Points

In a historic victory for climate action, the plaintiffs in the Hawai’i youth climate case have announced that the parties reached a settlement.

Back in June 2022, the youth, represented by two non-governmental organisations Earthjustice and Our Children’s Trust, filed a complaint against the Hawai’i Department of Transportation (HDOT). The original complaint alleged violations of the youth’s constitutional right to a clean and healthy environment, as well as violation of the constitutional public trust doctrine.

The plaintiffs relied on several regulatory frameworks and legal precedent to demonstrate that the legislature has long recognised the particular danger of climate change for Hawai’i and that the State has to reach a carbon-negative economy by 2045. Yet, the plaintiffs argue, the State continued to fund and support transportation projects with high greenhouse gas (GHG) emissions. 

The Settlement Agreement in the Hawai'i Climate Case

Despite HDOT’s initial attempts to get the case against it dismissed, the parties ultimately came to a mutual first-of-its-kind settlement agreement. According to an Earthjustice press release, HDOT director Edwin Sniffen showed “unprecedented leadership” in negotiating the settlement agreement and laying down responsibilities for climate action.

We are providing a detailed overview of key points included in the settlement agreement below.

1. Background: In the recitals of the agreement, the parties have included a detailed overview of existing regulatory frameworks and legal precedents. They further agree that in exchange for HDOT making certain commitments, the legal complaint will be considered resolved.

2. Constitutional Rights: The agreement recognises that the youth indeed have a constitutional right to a “clean and healthful environment” and that this right means they are entitled to a “life-sustaining climate system”.
   

3. Public Trust: It is agreed that the State of Hawai’i is the trustee of the state’s natural resources, such as its land, water, air, minerals, and energy sources. As trustee, the State has to take an active role in protecting the resources from climate change.
   

4. GHG Emissions Reductions: HDOT is required to “take any measures necessary” to achieve net zero emissions resulting from ground, sea, and air transportation by 2045. HDOT will develop a GHG Reduction Plan to implement the net-zero goal, as well as intermediate goals for 2030, 2035, and 2040.
   

5. GHG Reduction Plan: The GHG Reduction Plan will have to be completed by May 16, 2025 (one year from the signing of the settlement agreement). The plaintiffs and general public will be able to provide comments on the GHG Reduction Plan. Annual updates will be provided on the implementation of the GHG Reduction Plan to the plaintiffs and the general public, which are again open to feedback.
   

6. Specific Benchmarks and Performance Metrics: Some of the specific targets to be included in the GHG Reduction Plan have been included in the settlement agreement, but this is not an exhaustive list. These include interim targets to: (i) reduce vehicle miles travelled; (ii) expand multimodal transportation options; (iii) improve safety for pedestrians and cyclists; (iv) electrify transportation; (v) reduce petroleum use and increase the use of zero-carbon fuel alternatives; and (vi) convert ground equipment at airports and harbours to zero-emission technologies.
   

7. Financing and Projects: HDOT will set up a transparent process for projects to obtain financing. Projects will need to report on GHG emissions and other impacts using science-based methodology to be developed by HDOT. Impact assessments, reports, and methodologies have to be made publicly available.
   

8. Immediate Commitments: HDOT committed to immediately (i) invest a minimum of $40 million into the expansion of the electric vehicles charging network; (ii) ramp up the transportation options and improve pedestrian, bicycle, and transit networks; (iii) implement several net zero policies on ‘vehicle miles travelled’, the electrification of transportation modes, the switch to zero-carbon fuels, the expansion to multimodal transport networks, and other strategies needed to decarbonise; and (iv) implement other carbon sequestration methods, such as planting a minimum of 1,000 native trees per year.

Until December 31, 2045, or until all obligations have been met, the court will be able to step in if the parties do not comply with the settlement agreement.

According to Earthjustice, one of the organisations involved in the legal action and settlement negotiations, this constitutes the first time a government has committed itself to decarbonizing the transportation sector to this extent. Leinā‘ala Ley, Senior Associate Attorney at Earthjustice, specifies that “[t]oday’s settlement shows that the State and HDOT are committed to transformative action to reduce our transportation emissions before it’s too late”. Ed Sniffen is quoted by Earthjustice as stating that “[c]limate change is indisputable, [and] burying our heads in the sand and making it the next generation’s problem is not pono”.