Navahine F. v. Hawaiʻi Department of Transportation
On June 1, 2022, 14 youth in Hawaiʻi filed a constitutional climate lawsuit, Navahine F. v. Hawaiʻi Department of Transportation, against the Hawaiʻi Department of Transportation (HDOT), HDOT Director Jade Butay, Governor David Ige, and the State of Hawaiʻi. The youth plaintiffs claim that their state DOT’s operation of a transportation system that results in high levels of greenhouse gas (GHG) emissions violates their state constitutional rights, causing them significant harm and impacting their ability to “live healthful lives in Hawaiʻi now and into the future.” The youth seek to ensure HDOT steps up to meet the state legislature’s goal to decarbonize Hawaiʻi’s economy and achieve a zero emissions economy by 2045.
The youth plaintiffs are represented by Andrea Rodgers, Kimberly Willis, & Joanna Zeigler with Our Children’s Trust and Isaac Moriwake and Leinā‘ala L. Ley of Earthjustice.
Current Status:
The 14 youth plaintiffs and their attorneys are now preparing for trial, which is scheduled to take place Monday, June 24, 2024 to Friday, July 12, 2024 at the Environmental Court, First Circuit in Honolulu, HI.
TIMELINE:
The following is a timeline of major moments, filings, and rulings in Navahine F. v. Hawaiʻi Department of Transportation, from June 1, 2022 to today:
“June 1, 2022: Case Filed!
14 youth in Hawaiʻi
filed their constitutional climate lawsuit against their Department of Transportation.”
“August 22, 2022: The State Filed Motion to Dismiss
The State of Hawai‘i filed its Motion to Dismiss the case.
”
“September 16, 2022: Youth Plaintiffs Filed their Opposition to Defendants’ Motion to Dismiss
Youth plaintiffs filed their Memorandum in Opposition to Defendants’ Motion to Dismiss the case. ”
“September 28, 2022: The State Filed a Reply Brief
The State of Hawai‘i filed its Reply in Support of their Motion to Dismiss. ”
“January 26, 2023: Oral Arguments at O`ahu First Circuit Court
Attorneys for the youth plaintiffs appeared before the Honorable Judge Jeffrey P. Crabtree at the Environmental Court of First Circuit in Honolulu to present the youth’s position as to why the case should be permitted to move forward. Over 100 supporters packed the courtroom and nearby overflow room, while nearly 150 more watched the proceedings online via Zoom. Supporters in Honolulu then joined the youth plaintiffs at a post-hearing press conference on the courthouse plaza, gathering to sing songs and hear the attorneys and young plaintiffs speak.”
“April 6, 2023: Environmental Court of First Circuit in Honolulu Denies State’s Motion to Dismiss
The Honorable Judge Jeffrey P. Crabtree ruled in favor of the 14 youth plaintiffs, denying the state’s attempt to prevent their case from proceeding to trial. ”
“April 26, 2023 - Youth Plaintiffs File Motion to Maintain Trial Date
Attorneys representing the 14 youth plaintiffs filed a motion to maintain their existing trial date of September 26, 2023, citing urgency of climate crisis and harms experienced by youth, as the State seeks to delay trial by 8-12 months. ”
“May 25, 2023 - Oral Arguments at O`ahu First Circuit Court
Attorneys for the 14 youth plaintiffs appeared before the Honorable Judge Jeffrey P. Crabtree at the First Circuit, advocating to maintain their September 2023 trial date. Judge Crabtree granted the State’s motion to continue the trial date, explaining he wants to give the State enough time to prepare their defense to ensure both sides have a fair trial. Judge Crabtree did not reset the trial date, instead opting to meet with attorneys representing both parties on Friday, June 2, to discuss in greater detail. ”
“June 14, 2023 – Case Transferred to Judge Tonaki
The Honorable Civil Administrative Judge Jeannette H. Castagnetti transferred the case from Judge Jeffrey P. Crabtree to Judge John M. Tonaki to set a new trial date. ”
“August 3, 2023 - New Trial Dates Announced
During an online Zoom hearing with attorneys for the youth plaintiffs and the defense, new trial dates were set by the Honorable Judge Tonaki for Monday, June 24, 2024 to Friday, July 12, 2024 at the Environmental Court, First Circuit in Honolulu, HI. ”
“TODAY: Preparing for Trial
The youth plaintiffs and their attorneys are now preparing for trial in Honolulu, HI, June 24-July 12, 2024!”