By Katherine Brann Fredricks
Transportation is the largest source of climate-wrecking greenhouse gas emissions in Oregon, the United States, and the world. In June 2024, lawyers from Our Children’s Trust and Earthjustice reached a historic legal settlement to reduce greenhouse gas emissions from Hawaii’s transportation sector.
In a PBS Hawai’i interview, Our Children’s Trust lawyer Mat dos Santos said, “Navahine v. Hawaii Department of Transportation is, at its core, about protecting young Hawaiians rights to a safe and livable climate. The Department of Transportation in Hawaii is responsible for over half of the entire state’s emissions. And bringing those emissions down is critical for Hawai’i to achieve its statewide emissions goals. So when we saw that was happening, that Hawai’i had legislated really good goals and that there was one agency that was clearly not making its targets, we brought this litigation on behalf of young people.”
According to the Earthjustice website, “Thirteen youth from across the Hawaiian Islands brought the case in June 2022, asserting their rights to a safe and healthy climate and asking the Hawaiʻi state government to take necessary actions to meet the climate emergency and enable Hawaiʻi’s paradigm shift to a climate-safe, zero emissions transportation system. Many of the Navahine plaintiffs are Native Hawaiian youth who are already experiencing climate change harms like sea level rise, drought, floods, and fires, which have threatened their lives and their ability to practice cultural traditions such as kalo farming, fishing, and gathering.”
The State initially urged the court to dismiss the case, claiming the youth did not satisfy specific legal requirements for their case to move forward. However, after the court denied the State's motion, Transportation Director Ed Sniffen and Governor Josh Green made history by asserting the state’s kuleana (responsibility) to create a cheaper, cleaner and more efficient transportation system.
Supervised by the court, the Department of Transportation must reach zero emissions in land, sea and inter-island air transportation by 2045. Because transportation is the largest source of greenhouse gas emissions in Oregon, this win provides an historic case study.
“The 13 youth plaintiffs in Navahine v. Hawaiʻi Department of Transportation have just achieved the first settlement agreement in a constitutional climate case, paving the way for systemic decarbonization of transportation. One of the most intractable barriers to combating the climate crisis is now being addressed head-on, and this historic agreement offers a holistic roadmap for states and countries to follow around the world.” – Andrea Rodgers, Deputy Director, U.S. Strategy, Our Children’s Trust, Co-Counsel for the Navahine plaintiffs
Hawaii’s victory is based on rights enshrined in Hawaii’s constitution to “live healthful lives in Hawaii now and into the future.” Right now, OCERA is finalizing input to an environmental constitutional amendment for Oregon. OCERA is honored to have the advice of winning lawyers from Our Children’s Trust and Green Amendment pioneer Maya K. van Rossum.
To get information, volunteer and donate, visit OCERA United
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