Navahine v. Hawai‘i Department of Transportation

Abstract On 20 June 2024, a circuit court in the U.S. state of Hawai‘i approved the world’s first judicially enforceable Settlement Agreement, requiring state government to achieve zero emissions in transportation no later than 2045 to uphold the constitutional rights of children in the face of a climate emergency. This article describes the case of Navahine F. v. Hawai‘i Department of Transportation , including stories from some of the 13 brave youth plaintiffs who brought the case, the expert testimony that provided the technical and scientific basis for their constitutional claims, the factors leading to settlement and the terms of the Settlement Agreement. The article illustrates why the Navahine Settlement Agreement is unprecedented in scope and impact, and should be considered the strongest remedy ever achieved in the context of climate change litigation. At a time when stories of climate devastation and political gridlock dominate the headlines, the Navahine Settlement Agreement serves as an illustration of how climate justice can be achieved when all three branches of government decide to work with and in service of their youngest citizens.