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Pictured Above: 13 of the 14 youth plaintiffs in Navahine F. v. Hawai‘i Department of Transportation
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All About Navahine F. v. Hawai‘i Department of Transportation
These 14 young climate leaders - who are between the ages of 9-18 and from the islands of Hawai‘i, O‘ahu, Moloka‘i, Maui, and Kaua‘i - are going to court to ensure HDOT fulfills a legal mandate, set by the Hawai‘i state legislature, to decarbonize Hawai‘i’s economy and achieve a zero emissions economy by 2045.
Hawai‘i’s state constitutional right to a clean and healthful environment includes the right to a life-sustaining climate system. Hawai‘i’s Supreme Court has already concluded that climate change “harms present and future generations,” and that Hawai‘i is specifically “vulnerable to the ecological damage caused by an unhealthy climate system.”
These young plaintiffs are being harmed by numerous devastating impacts of the climate crisis across the Hawaiian Islands: Wildfires and extreme precipitation events like rain bombs. Rising sea levels that unearth ‘iwi kupuna (Native Hawaiian burials), flood homes, and wash out critical roadways. Dangerous extreme heat and warming temperatures that bleach corals and degrade freshwater resources. Of particular concern to these young people is how the climate crisis is undermining access to public beaches, healthy ocean ecosystems, and traditional Native Hawaiian practices like cultivating lo‘i kalo (taro fields) and loko i‘a (fishponds).
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In September 2018, youth plaintiff Kalikookalanipihaikamana'olanukūnoamaikēiamuaakunōkaleiopu T. (Kaliko), pictured above, lost her home during Tropical Storm Olivia, the first tropical cyclone to make landfall in Maui. Intense flooding during the storm lifted the house off its foundation and washed part of her home down Honokōhau Stream that ran alongside her property. Kaliko and her family were completely displaced and forced to relocate. As climate change continues to cause more frequent storms and severe weather events, Kaliko and her family’s security and safety remain at risk.
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What are the Youth Asking the Court to Do?
HDOT’s actions are actively increasing emissions from Hawaiʻi’s transportation system through an ongoing pattern and practice of authorizing and funding transportation projects that lock in and escalate the use of fossil fuels, rather than projects that mitigate and reduce emissions. These actions are not consistent with state laws mandating negative carbon emissions by 2045, and state constitutional protections that ensure a safe climate for future generations.
Hawaiʻi’s per capita greenhouse gas emissions are higher than 85% of the countries on Earth. Emissions from Hawaiʻi’s transportation sector are increasing and expected to comprise nearly 60% of Hawaiʻi’s total greenhouse gas emissions by 2030.
The youth plaintiffs in Navahine F. v. Hawai‘i Department of Transportation are asking the court to issue a declaration that, through these ongoing actions, HDOT is violating the youth’s state constitutional right to “a clean and healthful environment” and the state’s public trust doctrine to “conserve and protect Hawai‘i’s natural beauty and all natural resources.”
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"While in many ways Hawai‘i has been a leader in recognizing and setting goals to address the climate emergency, progress is slow because of the unconstitutional, and uncooperative, actions of the state Department of Transportation. It is vital that the court ensures that the Department of Transportation catches up with others in the state working towards decarbonizing Hawai‘i’s economy to protect the lives of these young people.”
- Andrea Rodgers, Senior Litigation Attorney at Our Children’s Trust and co-counsel for the youth plaintiffs
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What You Can Do!
The climate crisis is accelerating but so are we. Join us in supporting this new youth-led case and these 14 brave young people seeking to protect their constitutional rights and hold their government accountable for its actions that cause and worsen the climate crisis.
On the heels of new youth-led climate cases filed in Utah and Virginia, and with more still to come, the team at Our Children’s Trust is working hard to provide these young people in Hawai‘i with expert legal representation, as well as amplifying their stories in the media and educating the public, reporters, and even the judiciary on the urgency of protecting children’s constitutional right to a safe climate and holding government accountable–even governments that claim to take the crisis seriously.
Two immediate actions you can take today:
Post a message of support on your social media! Let the youth plaintiffs in Navahine F. v. Hawai‘i Department of Transportation know that you stand with them in solidarity (be sure to use the hashtag #YouthvGovHI and we’ll share your post too!)
Join our global community of donors! Your invaluable support provides Our Children’s Trust with the vital financial resources to accelerate and expand our legal campaign in states like Hawai‘i, Utah, Virginia, and Montana, as well as federal cases in the United States and around the world. If you’ve already made a contribution this year, please consider a special gift of any amount in support of Navahine F. v. Hawai‘i Department of Transportation, or extend your gift by signing on as a monthly donor!
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“I want the defendants to understand that climate change is not an impending doom, but a preventable crisis that is currently harming Hawaii’s youth, a crisis that the courts can help solve.”
- Mesina, youth plaintiff
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Join Us for an Online Event on June 9th!
Learn more about this exciting new youth-led case by joining us for an online event on Thursday, June 9th. Come meet some of the youth plaintiffs, our partners at Earthjustice, and our attorneys here at Our Children’s Trust, as well as learn more about this case and what will happen next. We hope to see you then!
WHAT: Climate Justice in Hawai‘i: Navahine F. v. Hawai‘i Department of Transportation
WHEN: Thursday, June 9th at 1:00-2:00 HST / 4:00-5:00pm PDT / 5:00-6:00 MDT / 6:00-7:00 CDT / 7:00-8:00 EDT
WHERE: Register to join us online here!
To climate justice in Hawai‘i,
The Team at Our Children’s Trust
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