Litigation station: Hawaiʻi’s climate keiki

by Kirsten Kagimoto, Communications Manager | Reading time: 3 minutes

Some of the youth plaintiffs. Photo: Earthjustice

In 2022, 14 brave young folks from Hawaiʻi sued the state government for violating their constitutional rights “to live healthful lives in Hawai‘i now and into the future.” The lawsuit, Navahine F. v. Hawaiʻi Department of Transportation, aims to hold the Hawaiʻi Department of Transportation accountable to the legal mandate that we decarbonize our energy systems by 2045 - a mandate it has failed to plan for or take any other meaningful action to realize.  

Instead of hearing the youth’s concerns about inheriting an unlivable planet—and taking action to decarbonize, Governor Green’s administration has requested an additional $2.25 million (on top of the $1 million already budgeted) to pay ridiculously expensive attorneys from the U.S. continent to fight the youth’s lawsuit. The chosen law firm, Morgan Lewis & Bockius, is known for highly aggressive tactics, and has a history of representing figures like Donald Trump, and Amazon against its workers’ efforts to unionize. The firm, and by association, the administration, have already shown their true colors in recent depositions of the young plaintiffs, attempting to intimidate them with questions unrelated to the claims the youth filed in court. Their behavior shows how little they care about what this case is really about: the plaintiffs’ first hand experiences with climate events like devastating floods, tragic fires, and overheated and dying reefs, and our youth’s desire for Hawaiʻi to do its part in the global fight to save our planet.

Governor Green’s attorney general asserts that it is normal procedure to hire such pricey outside counsel - but aggressively belittling youth who are doing whatever they can to fend off a looming existential crisis they did not create is anything but “normal.”

At a Senate budget hearing in late January, the state attorney general defended its position that it needs millions of dollars more to fight our keiki. While most budget hearings may be boring and mundane, things heated up as Senators Rhoads (an attorney himself), Gabbard, and Lee gave a hard line of questioning to the attorney general (you can watch their questions, and the attorney general’s excuses, here). The attorney general failed to answer why the full $2.25 million is needed or what the state’s ultimate goals are in retaining an out-of-state law firm to defend against state constitutional claims. However, she did try to shift blame onto the plaintiffs, for holding to their minimum demand for court-enforced benchmarks. ‘Auwē!

No public testimony was allowed during the hearing but the senators’ questions were supported by the audience, with many holding signs in the hearing room that backed the climate keiki’s lawsuit and urged meaningful climate action. The attorney general’s request for more funds will later be heard in the Senate Ways and Means and Judiciary committees. We will keep you updated as the budget makes its way through the legislature.

Navahine F. v. Hawaiʻi Department of Transportation is scheduled to be heard in environmental court this summer, starting on June 24, and is expected to span a few weeks. Supporters of the Hawaiʻi climate keiki are invited to join us in court! If you as an individual, community group, or school group are interested in attending, email us at hawaii.chapter@sierraclub.org. 

Our keiki are advocating for action and a sustainable, hopeful future – a future they rightfully deserve. This lawsuit embodies their pursuit and we are here to support them every step of the way! There is not a lot of time left before we face irreversible climate impacts and the state’s delay tactics and aggressive legal maneuvering only continue to hinder meaningful progress toward genuine climate action.⁠

The upcoming court hearing is a pivotal moment in the fight against climate inaction. We urge you to stay informed, join us in court, and continue supporting the Hawaiʻi climate keiki in their pursuit of a livable, just, and hopeful future.