Hawai‘i court allows lawsuit against state transportation department for failing to reduce greenhouse gas emissions News
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Hawai‘i court allows lawsuit against state transportation department for failing to reduce greenhouse gas emissions

The First Circuit Court of the State of Hawai’i Thursday rejected a motion to dismiss by the Hawai’i Department of Transportation to dismiss a lawsuit alleging the department is violating the state constitution by failing to reduce greenhouse gas (GHG) emissions.

Judge Jeffrey Crabtree ruled that the plaintiffs in the case alleged a viable cause of action against the department. The plaintiffs assert that the department has breached its “public trust” duties under Article XI, Section 1 and 9 of the Hawai’i Constitution. Additionally, the plaintiffs allege that the department has breached its duties under the Hawai’i Climate Change Mitigation and Adaption Initiative. The plaintiffs claim that that department has not complied with its statutory directives and has not “planned, funded, or implemented necessary alternatives for reducing GHG emissions.” The court ruled that this law requires “timely planning and action, not meaningless or purely aspirational goals.”

In addition, the court ruled that the plaintiffs have alleged current and concrete harms under the Hawai’i Constitution. The plaintiffs brought the action in June 2022 and asserted that the state transportation system is being maintained in a manner that “harms their ability to live healthful lives in Hawai‘i now and into the future in violation of law.” In response to the complaint, the department filed a motion to dismiss arguing that the plaintiffs failed to allege any violations under the Hawai’i Constitution. The parties will now work together to prepare a proposed order in accordance with the court’s decision pursuant to Hawai’i Rule of Circuit Court 23.

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