HONOLULU (KHON2) -- The case of Navahine v. Hawaiʻi Department of Transportation is a landmark constitutional law case with significant implications for transportation infrastructure and public safety in Hawaiʻi.
The case was brought forward by plaintiffs who argued for better and safer transportation options for cyclists and pedestrians.
Here's a bit more detail on what this case was about.
The case was the first youth-led constitutional climate case addressing transportation-related pollution. It was filed by 13 Hawaii-based youth in June 2022.
The case asserts their right to a safe climate and demands state action for a zero-emissions transportation system. Many plaintiffs, including Native Hawaiian youth, are already facing climate change impacts on their well-being and cultural practices.
This case culminated in a momentous settlement that has far-reaching benefits for the community.
The Navahine settlement is groundbreaking in that it is the first of its kind. With state entities collaborating with youth plaintiffs to address constitutional climate concerns, the state commits to decarbonizing transportation and reducing greenhouse gas pollution.
Transportation Director Ed Sniffen led the unprecedented resolution, embracing the government's responsibility for bold climate action.
“Climate change is indisputable,” said Sniffen. “Burying our heads in the sand and making it the next generation’s problem is not pono. In our agreement with Our Children’s Trust and Earthjustice we’re committing to develop and use greenhouse gas emission measurements and reductions in vehicle miles traveled when we develop ground transportation projects and look for ways to translate that to our Airports and Harbors projects.”
Eduardo Hernandez, the advocacy director with the Hawaiʻi Bicycling League, expressed excitement about the settlement.
"We are just thrilled that the plaintiffs pursued this case and thankful that they were able to reach such a momentous settlement. This is incredible work," he said.
The Hawaiʻi Bicycling League, around for nearly 50 years, has been working to build bicycling infrastructure and raise awareness about biking safety. Progress has been slow, but this settlement marks a huge leap forward.
Recently, the organization celebrated a significant victory in the case of Navahine versus the Department of Transportation. This case has led to a monumental settlement that promises to benefit the people of Hawaiʻi for generations.
The settlement requires the Department of Transportation to collaborate with organizations like the Hawaiʻi Bicycling League to improve multimodal transportation options, including building new bike and pedestrian paths over the next five years.
"This is going to be a win for helping people choose more effective, low-cost, and healthier transportation options," Hernandez explained. "It's a win for recreation and transportation, benefiting everyone."
This settlement aligns with the state's commitment to Complete Streets and Vision Zero strategies, which aim to make roadways safer for all users.
Hernandez expressed admiration for the young plaintiffs who showed great perseverance and leadership.
"We are truly humbled by their visionary work and look forward to working with the Department of Transportation and the public as this new infrastructure rolls out."
Hernandez also highlighted the state’s focus on Complete Streets and Vision Zero strategies, which aim to make roadways safer for everyone, whether they walk, ride, or roll.
"The state is really prioritizing complete streets and vision zero," he noted.
The case also impacts local legislation and will influence policies that might restrict bicycle use on certain roadways.
Hernandez hopes this settlement will influence local policies. He mentioned a recent bill passed by the Hawaiʻi County Council to restrict bicycles and bicycle tours on certain roadways, which he believes contradicts the principles of the settlement.
"Hopefully, the mayor will veto Bill 125 on Hawaiʻi County because it goes against the principles established in this settlement," he said.
Additionally, Hernandez emphasized the importance of projects like the Maui Greenway, which he believes will play a key role in the resilience and safety of West Maui.
"If people had safer bicycling options, they could eliminate a lot of traffic," he pointed out.
HBL’s excitement about this settlement is palpable. He sees it as a significant step toward a safer, healthier, and more connected Hawaiʻi.
The agreement solidifies Hawaiʻi’s leadership in transitioning from fossil fuels to a cleaner, safer transportation system. It promotes the use of clean electricity or alternative fuels and enhances options for walking, cycling, and public transit.
This framework serves as an exemplary, replicable model for decarbonizing transportation systems across the U.S. and globally.
The agreement reached includes numerous provisions for immediate and ongoing action steps by HDOT. These include, for example:
- Establishing a Greenhouse Gas Reduction Plan within one year of the agreement, laying the foundation and roadmap to decarbonize Hawaiʻi’s transportation system within the next 20 years.
- Creating a lead unit and responsible positions within HDOT to coordinate the mission of GHG reduction throughout the agency; oversee climate change mitigation and adaptation for the highways program; and ensure implementation of the Complete Streets policy of building and upgrading public highways for all users, ages, and abilities.
- Establishing a volunteer youth council to advise on HDOT mitigation and adaptation commitments in the years to come.
- Improving the state transportation infrastructure budgeting process to prioritize reduction of GHG and vehicles miles traveled (VMT) and transparently analyze and disclose the GHG and VMT impacts of each project and the overall program.
- Making immediate, ambitious investments in clean transportation infrastructure, including completing the pedestrian, bicycle, and transit networks in five years, and dedicating a minimum of $40 million to expanding the public electric vehicle charging network by 2030.
“The passion demonstrated by these young people in advocating for a healthy, sustainable future for their generation and those to come, is laudable,” said Governor Josh Green, M.D. “This settlement informs how we as a state can best move forward to achieve life-sustaining goals and further, we can surely expect to see these and other youth in Hawaiʻi continue to step up to build the type of future they desire.”
Through this landmark case, the Hawaiʻi Bicycling League and the Department of Transportation are paving the way for a brighter future for all of Hawaiʻi’s residents.