Air Date: Week of July 12, 2024

Hawai‘i’s youth plaintiffs celebrate the historic settlement reached with the Hawai‘i Department of Transportation. (Photo: Robin Loznak, Our Children's Trust)

Thirteen young plaintiffs who took the Hawaii Department of Transportation to court over its role in the climate crisis have won a settlement that requires the agency to fast-track public transit, new bike lanes, and electric vehicles. Attorney Joanna Zeigler represented the plaintiffs for Our Children’s Trust and joins Host Aynsley O’Neill to discuss the new and cleaner future of transportation in Hawaii.

Transcript

DOERING: From PRX and the Jennifer and Ted Stanley Studios at the University of Massachusetts Boston, this is Living on Earth. I’m Jenni Doering

O’NEILL: And I’m Aynsley O’Neill.

In 2023, massive wildfires on Maui in Hawaii destroyed the town of Lahaina and killed around 100 people. Teenager Charlotte Madin was safe on Oahu but says the fires were a frightening example of what can happen in a world of climate disruption.

MADIN: I was shocked, honestly, because I was present for the wildfires on Big Island a few years previously, which were really scary and terrifying. And they didn't even come that close to where I was, it was just the ash from the sky, the weird cloud coloration. And I was just thinking, it must be so awful to have to go through all that. And then we have a plaintiff who, whose family actually did have to go through that. And I just, I want to do everything I can to stop it to prevent it and just to slow it down a little bit by doing whatever I can in the state of Hawaii or beyond.

O’NEILL: So with the goal of slowing down the climate crisis, in June 2022 Charlotte and twelve fellow youth plaintiffs went to court. They filed a first-of-its-kind lawsuit against the Hawaii Department of Transportation on the basis that its highway expansion plans violated their constitutional right to “a clean and healthful environment.” You pretty much need a car to get around the islands and a plane ride to hop between them. And without a major course correction from Hawaii DOT, the transportation sector is on track to make up 60% of the state’s total greenhouse gas emissions by 2030. Just before the case went to trial, Hawaii DOT and the youth plaintiffs reached a landmark settlement agreement that puts the state on a new course to zero carbon transportation. Joanna Zeigler is a Staff Attorney with Our Children’s Trust, which represented the youth plaintiffs, and she joins me now to discuss. Joanna, welcome to Living on Earth!

ZEIGLER: Thank you. Thanks for having me.

O'NEILL: Joanna, why is this settlement agreement considered sort of, first of its kind? What's so new or revolutionary about it?

ZEIGLER: Yeah, so the settlement agreement is really a win for the youth plaintiffs and for the state of Hawaii really generally, and future generations. And it is requiring transformative change within the Department of Transportation, and is the first of its kind in a climate change action where the government actually was willing to come to the table to sit down with the youth plaintiffs and create an agreement that was really a recognition of the need for climate justice.

O'NEILL: And what sort of changes to the transportation system are they planning to make?

ZEIGLER: Yes, so the settlement agreement really is a recognition on the part of the Department of Transportation that a paradigm shift is needed. So business as usual within the department is going to have to be changed. The business as usual model of expansion of highway lane miles is no longer an option. So the electrification of the transportation sector is very important. And in fact, the Department of Transportation has already committed to $40 million to infrastructure for charging electric vehicles within the first five years of entering into the agreement. And in addition to electrification, the Department of Transportation has committed to completing the pedestrian and bike network within the state. Right now, the options for riding a bike and being a pedestrian are somewhat dangerous. There's not a lot of sidewalks, there's not a lot of safe bike lanes. And so the department has committed to creating a safer biking network and pedestrian network, which is really important. And then the settlement agreement also recognizes the need for expansion of transit. The Department of Transportation has a lot of control over funding for transit. And so that will also need to be a priority in this new paradigm shift within the transportation sector.

O'NEILL: And what exactly is the Hawaii Department of Transportation required to do according to this agreement?

ZEIGLER: The agreement contains some really transformative provisions, and the most important provision is that the Department of Transportation is required to create a greenhouse gas reduction plan. And it will do that within a year of the settlement agreement. And what's really significant about the plan is that it requires the Department of Transportation to create a pathway to zero emissions by 2045. And in addition to that, it requires five year benchmarks to be established, so where the department needs to be in 2030, 2035, 2040, in order to get to those zero emissions of 2045. And importantly, the youth and the community are provided an opportunity to give feedback into that greenhouse gas reduction plan. They'll get notice 30 days before the finalization of the plan, and provided an opportunity to provide that feedback to be able to consult with their experts, and to hopefully incorporate that feedback into the plan. One other significant element of the settlement agreement is that it creates a youth council. So not only will the youth be provided an opportunity to give feedback to the greenhouse gas reduction plan, and then also receive annual updates from the Department of Transportation, but it will also be provided an opportunity to participate in a youth council. And that will be a gathering of the youth plaintiffs who are interested and youth from the community. And they'll be able to give support and input to the Department of Transportation and its policies with regard to climate change and other actions. And then I'll just mention one other really significant part of the settlement is that the court will retain jurisdiction over it for the next 21 years. So if there is a need to go back to court, we have that opportunity.

O'NEILL: Now, to what extent will air transportation be included here? From what I understand, there are inter-island flights that are common in Hawaii. And I mean those certainly will emit greenhouse gases.

ZEIGLER: Yes, so the settlement agreement covers ground, marine, and inter-island air transportation. And so it will require the Department of Transportation to begin promoting alternative ways to travel inter-island and as the technology progresses, there are certainly means for electrification of inter-island travel because it is such a short distance. And so that will definitely be a part of this transformation under the settlement agreement.

O'NEILL: And Joanna, what kind of reaction have you seen from Hawaii's Department of Transportation? How are they reacting to this case and the settlement?

ZEIGLER: The Director of the Department of Transportation, Ed Sniffen, was really an integral part of coming to this agreement. He really came to the table, he was very supportive of the youth plaintiffs, and he was willing to discuss what was needed in order to create to this paradigm shift within the department. And so I would say the reaction is positive. We have really great support from Director Sniffin. And in fact, as part of the settlement agreement, the Department of Transportation has created a Climate Change Mitigation and Culture Manager. And that person will be at the head of a unit that is designated to enforce the settlement and look at climate mitigation within the Department of Transportation. So overall, just a very positive interaction and experience from the department.

O'NEILL: And I want to expand out a little bit, I mean, we're looking at sort of this case study in Hawaii. But what do you see as the broader implications of this case, this settlement, for, you know, the rest of the country or even the rest of the world?

ZEIGLER: I think this case is a blueprint for transformative change for the rest of the country and the world, I think, for two reasons. One, it shows that government can come to the table, it can listen to the youth, it doesn't have to fight, and a resolution is possible and positive change can come of discussing and talking and creating a settlement like this. And then for the second reason, I think Hawaii is going to be a model for other departments of transportation and transportation systems as it creates this greenhouse gas reduction plan, as it begins to transform the transportation sector, and really works towards zero emissions within transportation. I think other states can look to Hawaii and use it as a model in their own state.

O'NEILL: Joanna, what do you want listeners to take away from a case like this?

ZEIGLER: I would just encourage folks to keep watching Hawaii and to watch as the implementation of the settlement agreement progresses. As we say, the work is starting now. We've resolved the lawsuit, but we have a lot of work ahead of us. And so I think as we move forward, it's just important for folks to keep watching and learning and seeing how Hawaii progresses as we move forward.

O'NEILL: Joanna Zeigler is a Staff Attorney with Our Children's Trust. Joanna, thank you so much for taking the time with me today.

ZEIGLER: Thank you.

 

Links

Our Children’s Trust

Learn more about Navahine vs. Hawai‘i Department of Transportation

Read the settlement agreement here