ISAAC H. MORIWAKE#7141
LEINĀ‘ALA L. LEY#9710
EARTHJUSTICE
850 Richards Street, Suite 400
Honolulu, Hawai‘i 96813
Telephone No.: (808) 599-2438
Email: imoriwake@earthjustice.org
lley@earthjustice.org

Electronically Filed
FIRST CIRCUIT
1CCV-22-0000631
01-JUN-2022
06:47 AM
Dkt. 1 CMPSANDREA RODGERS(OSB #041029)(Pro Hac Vice Admission Pending)
KIMBERLY WILLIS(OSB #221210)(Pro Hac Vice Admission Pending)
OUR CHILDREN’S TRUSTP.O. Box 5181
Eugene, Oregon 97405
Telephone No.: (541) 375-0158
Email: andrea@ourchildrenstrust.org
kimberly@ourchildrenstrust.org
Attorneys for Plaintiffs
IN THE CIRCUIT COURT OF THE FIRST CIRCUITSTATE OF HAWAI‘I
NAVAHINE F., a Minor, by and throughher natural guardian; KAʻŌNOHI P.-G., a
Minor, by and through his natural
guardian; KAWAHINEʻILIKEA N., a
Minor by and through her natural guardian;
MESINA D.-R., a Minor, by and throughher natural guardian; KAWENA F., a
Minor by and through her natural
guardians; TYLER L., a Minor, by andthrough her natural guardian; RYLEE K., a
Minor, by and through her natural
guardian; KALIKO T., a Minor by andthrough her natural guardian;
CHARLOTTE M., a Minor, by andthrough her natural guardian; TALIYA N.,
a Minor by and through her natural
guardian; KANOA V.-B., a Minor, by andthrough his natural guardian; KALĀ W.;
PAHONU C., a Minor by and through his) CIVIL NO.
) (Environmental Court))) COMPLAINT FOR DECLARATORY) AND INJUNCTIVE RELIEF;) SUMMONS
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natural guardian; and BRIANNA K., a)
Minor by and through her natural guardian, ))Plaintiffs,
)
)
v.
)
)
DEPARTMENT OF)
TRANSPORTATION, STATE OF)HAWAI‘I; JADE BUTAY, in his)
official capacity as Director of the)
Hawai‘i Department of Transportation;)
GOVERNOR DAVID IGE; and)STATE OF HAWAI‘I,))
Defendants.
))
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
INTRODUCTION
1.

Plaintiffs Navahine F., by and through her natural guardian; Ka‘ōnohi P.-G., a

Minor, by and through his natural guardian; Kawahineʻilikea N., a Minor by and through her
natural guardian; Mesina D.-R., a Minor, by and through her natural guardian; Kawena F., a
Minor by and through her natural guardians; Tyler L., a Minor, by and through her natural
guardian; Rylee K., a Minor, by and through her natural guardian; Kaliko T., a Minor by andthrough her natural guardian; Charlotte M., a Minor, by and through her natural guardian; Taliya
N., a Minor by and through her natural guardian; Kanoa V.-B., a Minor, by and through hisnatural guardian; Kalā W.; Pahonu C., a Minor by and through his natural guardian; and Brianna
K., a Minor by and through her natural guardian (collectively “Youth Plaintiffs”) are children of
Hawai‘i—keiki o ka ‘āina (children of this land)—who are being seriously injured because
Defendants establish, maintain, and operate a state transportation system that violates Hawai‘i2

constitutional mandates to protect public trust resources and the environment by reducing
greenhouse gas emissions and decarbonizing the transportation sector.
2.

Youth Plaintiffs bring this action to resolve the legal controversy of whether thestate transportation system is being established, maintained, and operated in a manner that harms
their ability to live healthful lives in Hawai‘i now and into the future in violation of law,
including the constitutional public trust doctrine, Haw. Const. art. XI, § 1, and the constitutionalright to a clean and healthful environment, Haw. Const. art. XI, § 9. Specifically, Youth
Plaintiffs seek: (1) declarations of law establishing that Defendants’ state transportation
system—and its resulting greenhouse gas pollution and climate harms—violates Defendants’constitutional duties and Youth Plaintiffs’ constitutional rights, and (2) injunctive relief asnecessary to rectify Defendants’ violations and bring the state transportation system into
constitutional compliance based on the best available science.
3.

While Hawai‘i is a leader in acknowledging the gravity of the dangers of climatechange and has enacted various laws aimed at the crisis—including the “Zero Emissions Clean
Economy Target” of net-negative carbon emissions by 2045, Hawai‘i Revised Statutes (“HRS”)§ 225P-5 (“Zero Emissions Target”)—state per capita greenhouse gas emissions remain higher
than 85% of countries on Earth. Hawai‘i state government reports project that greenhouse gas
emissions will continue to increase in the near-term, and that by 2045, the mandated deadline for
the Zero Emissions Target, greenhouse gas emissions will only be 30% lower than 2016
emissions.1

1

See HAW. DEP’T OF HEALTH, HAWAI‘I GREENHOUSE GAS EMISSIONS REPORT FOR 2017
(Apr. 2021) (“2017 GHG Report”).
3

4.

Emissions from the transportation sector, in particular, are a major and increasing

contributor to Hawai‘i’s greenhouse gas emissions, expected to comprise nearly 60% of
Hawai‘i’s total emissions by 2030. Based on the historical, ongoing, and foreseeable trajectory,
Defendants are not only failing to reduce greenhouse gas emissions from the state transportation
system, but are, indeed, heading in the opposite direction, without any plan or prospect formeeting the Zero Emissions Target or any other meaningful climate mitigation goal based on thebest available science. Because of this climate pollution, children in Hawai‘i are experiencing
grave threats to their ability to live healthful lives in the Islands now and into the future.
5.

Defendants are responsible for these high and untenable levels of greenhouse gas

emissions because they have engaged in an ongoing pattern and practice of promoting, funding,and implementing transportation projects that lock in and escalate the use of fossil fuels, rather
than projects that mitigate and reduce emissions. For example, Defendants, and the Hawai'i
Department of Transportation (“HDOT”) in particular, have consistently prioritized
infrastructure projects such as highway construction and expansion, which increase vehicle miles
traveled in single occupancy vehicles, rather than projects that enable multi-modal travel,
electrification of transportation, and the use of alternative fuels. HDOT has also not cooperated
or coordinated with other agencies tasked with meeting the state’s greenhouse gas reduction
goals, including accounting for and establishing appropriate baselines, metrics, and milestones
for meeting the Zero Emissions Target and other state goals, particularly in the transportation
sector. Finally, HDOT has not mitigated greenhouse gas emissions from its own operations andthe operation of the transportation system, through carbon sequestration, supply-chain planning,
demand-side management, and other feasible measures.

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6.

In short, Defendants establish, maintain, and operate the state transportation

system in a manner that breaches Defendants’ mandatory duty under the constitutional publictrust doctrine to “conserve and protect Hawai‘i’s natural beauty and all natural resources,” Haw.
Const. art. XI, § 1, and infringes upon Youth Plaintiffs’ constitutional right to a “clean andhealthful environment,” id. art. XI, § 9, as defined by the Zero Emissions Target and otherclimate mitigation mandates. These legal violations are ongoing and cause ever-increasing harms
to Youth Plaintiffs as Hawai‘i’s greenhouse gas emissions from the transportation sector
escalate, the time to reform the system to protect the public trust and a clean and healthfulenvironment rapidly closes, and the climate crisis worsens and accelerates.
7.

Given the urgent nature of the climate crisis, we ask this Court to exercise its

jurisdiction to hear and decide the constitutional questions raised by the children in this case,provide declaratory relief giving Defendants clear direction on their constitutional obligations sothat they can align the state transportation system with what the best available science and state
law require, and provide any necessary injunctive relief, including the appointment of a Special
Master, to ensure the necessary work is done promptly and justly. These Youth Plaintiffs arefacing a climate emergency, and the fundamental role and function of judicial review in ourconstitutional democracy could not be more imperative and urgent.
8.

Hawai‘i’s kuleana (responsibility) and commitment to address climate change,

coupled with the persistent problem that it remains the most petroleum-dependent state in thenation, underscores that Youth Plaintiffs need the assistance of this Court to ensure Defendants
fulfill their constitutional duties to protect public trust natural resources and our citizens’ rights
to a clean and healthful environment. At this moment of crisis, it will take each of our threebranches of government to protect our children from the existential crisis of climate change.

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JURISDICTION AND VENUE
9.

This Court has jurisdiction over the claims for relief in this action pursuant to

HRS §§ 603-21.5(a)(3), -21.9(1), (6); id. § 604A-2(a); id. §§ 632-1, -3; and article XI, sections 1
and 9 of the Hawai‘i Constitution.
10.

Venue properly lies in this judicial circuit pursuant to HRS § 603-36(5) because

the claims for relief arose in this circuit and because it is the location where the Defendants are
domiciled.
PARTIES
Plaintiffs
11.

Plaintiff Navahine F. (“Navahine”), by and through her natural guardian, is a 14-

year-old Native Hawaiian cultural practitioner born and raised in Kāne‘ohe, Hawai‘i. For overten generations, Navahine’s ‘ohana has farmed kalo on their kuleana lands in Hakipuʻu.
However, climate change is altering the growing season, decreasing crop yields, and threatening
Navahine’s ability to continue this cultural practice on her ‘ohana’s kuleana lands in the future.
Among other threats, heavy rains, which are becoming more common, flood the ancient ‘auwai,
destroying crops, and forcing Navahine’s ‘ohana to spend days of hard labor rebuilding the ditch
system. On the other extreme, extended drought periods dry out and damage the ‘auwai andcontribute to decreasing stream flows, which can harm wetland kalo that is dependent on cool,
flowing water. The extreme weather fluctuations also degrade habitat for native stream life andwaterbirds that are dependent on this ecosystem for their survival and are part of the landscape ofresources that Navahine’s ‘ohana both relies upon and cares for in perpetuating traditionalfarming practices. Additionally, rising seas are infiltrating the groundwater table and raising thepH of the soil, which also reduces crop yields; some of the ‘ohana’s lo‘i are located only six
inches above sea level, and if urgent reductions in greenhouse gas emissions are not made, these6lands will be underwater within Navahine’s lifetime. (Ka Mea Hoʻopiʻi Navahine F.
(“Navahine”), ma o kona luauʻi makua, he kanaka Hawaiʻi mālama ʻike kuʻuna i piha iā ia he 14
makahiki i hānai ʻia ma Kāneʻohe, Hawaiʻi. No ʻumi hanauna, ua mahi kalo ko Navahine ʻohana
ma ko lākou ʻāina kuleana ma Hakipuʻu. Eia naʻe, e loli ana ke kau hoʻoulu i ka loli aniau, e emi
ana ka loaʻa kalo e huki ʻia ana e pilikia ai ka mau ʻana o ka hana kuʻuna o Navahine ma ka ʻāinao kona ʻohana i ka wā e hiki mai ana. ʻO kekahi mau pilikia hou aʻe, ʻo ka wā ua nui, e piʻi aʻeana , e piha ai nā ʻauwai kahiko, e luku ana i nā kalo, e pono ai ka paʻu ʻana o ko Navahineʻohana i ka paepae hou i ke kahua ʻauwai no kekahi mau lā. Eia kekahi, ʻo ka piʻi ʻana o ka wāmaloʻo e maloʻo hāhā ai a hemahema ka ʻauwai, a e emi ana ke kahe ʻana o ka wai e pilikia ana
nā loʻi kalo e ulu ai i ke kahe ʻana o ka wai huʻihuʻi. E ʻinoʻino ana i ka loli nui o ke ʻanilā, kekaianoho o nā iʻa a me nā manu ʻōiwi e kaukaʻi ana i ia kaiaola kahawai e ola ai, a ʻo ia mau mea
kekahi o nā waiwai e kaukaʻi a e mālama ai ko Navahine ʻohana no ka hoʻomau ʻana i ko lākou
hana kuʻuna. Eia hou, i ka piʻi ʻana o ka ʻilikai e kānono ana ke kai i ka wai honua e piʻi ai ke
ʻAkika o ka lepo, e emi ai ka loaʻa kalo; aia kekahi o nā loʻi ʻohana ma ʻeono ʻiniha ma luna o ka
ʻilikai, a, ke emi nui ʻole iho ka pukana GHG, e pau ana kēia ʻāina i ka hālan i ka wai).
12.

Navahine and her ‘ohana are also caretakers of Mōli‘i fishpond, one of Hawai‘i’soldest and largest fishponds, which spans over 125 acres. Consistent with traditional practices,
the loko i‘a is a community resource, providing moi (threadfish), ‘ama‘ama (mullet), and awa(milkfish) to nearby families, but changing climate patterns are threatening the health of the
fishpond. During high tides, fish are able to swim out of the fishpond and invasive jellyfish washin. During heavy rains, pollutants from nearby cesspools wash into the ocean, contaminating thefish and nearby coastal waters. Although Navahine and her ‘ohana are working to address rising
sea levels by raising the height of the fishpond wall, changing weather patterns are harming the7

fish, limu, and other fishpond resources available to Navahine and her community for cultural,subsistence, and recreational uses. Already, fish may be inedible for months after heavy rain
events, and families cannot work in the fishpond without risking infection and illness from thecontaminated water. Navahine has also observed the harm that contaminated water causes toculturally significant marine life including green sea turtles and monk seals. Navahine volunteers
with Hawai‘i Marine Animal Response network to help address these harms, but is concerned
about the long-term threats to these critically endangered native species. (He mau kahu ʻoNavahine a me kona ʻohana iā Mōliʻi loko iʻa, kekahi o nā loko iʻa kahiko a nui o Hawaiʻi, he
125 ʻeka kona nui. E like hoʻi me nā loina kuʻuna, he waiwai no ke kaiaulu ka loko iʻa, e lako ai
i ka moi, ʻamaʻama, a me ka ʻawa no nā ʻohana o ia wahi, e pilikia ana naʻe ka pono o ka loko iʻai ka loli ʻana o ke au aniau. Ma ke kai piha, holo aku nā iʻa mai ka loko aku a komo iho ka
pololia. I ka wā ua nui, kahe iho ka wai pelapela no nā luawai pelapela i ke kai, e haumia ai nāiʻa a me ke kapa kai e pili pū ana. I loko nō o ko Navahine a me kona ʻohana hana e pale ai i ka
piʻi ʻana o ka ʻilikai i ka hoʻokiʻekiʻe ʻana i ka pā loko, e pilikia ana ka iʻa, limu, a me nā mea
waiwai ʻē aʻe o ka loko iʻa e pono ai ʻo Navahine a me kona kaiāulu no nā hana kuʻuna, ke ola, ame ka hoʻonanea ʻana i ka loli ʻana o ke au ʻanilā. ʻĀnō hoʻi, ʻaʻole paha kūpono ka ʻai ʻana i nāiʻa no kekahi mau mahina ma hope o ka ua nui, a ʻaʻole hiki i nā ʻohana ke hana ma loko o ka
loko iʻa me ka loaʻa ʻole paha i ka maʻi i ka wai pelapela. Ua ʻike maoli ʻo Navahine i ka pilikia
ʻana o nā holoholona ʻōiwi a koʻikoʻi e like me ka honu a me ka ʻīlioholoikauaua i ka wai
pelapela. Kōkua ʻo Navahine me Hawaiʻi Marine Animal Response Network e hoʻoponopono iia mau pilikia, ke hopohopo nui naʻe ʻo ia i ka pilikia mau ʻana o ia mau holoholona ʻōiwiʻanehalapohe i ka wā e hiki loa mai ana).

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13.

Sea level rise is also actively washing out burial sites along the coast, exposing

and scattering ‘iwi kūpuna (ancestral bones) interred in the sands. ‘Iwi, cherished in traditional
culture as the repository of a person’s mana after death, are treated by cultural practitioners withreverence and respect and subject to specific burial protocols. Disinterment of ‘iwi by rising sea
level inflicts the same emotional harm on Navahine and her ‘ohana as the flooding of a cemeteryor any other act of desecration against the dead. (E ʻaʻaiawai ana ka piʻi ʻana o ka ʻilikai i nā hēma kapa kai, e huʻe a kau liʻiliʻi ana nā iwi kūpuna i kanu ʻia i ke one. ʻO ka iwi, e pūlama ʻia i
ka manaʻo kuʻuna i kahi e komo ai ka mana o ke kanaka ke hala iho, a e hōʻihi ʻia e nā kānaka ikanu ʻia me kekahi mau loina kanu kikoʻī. Like hoʻi ka ʻeha ʻana o ka naʻau o Navahine a me
kona ʻohana i ka huʻe ʻana o nā iwi i ka piʻi ʻana o ka ʻilikai me ka piha ʻana o kekahi pāilina i ka
wai a i ʻole hoʻi me kekahi hoʻohaumia ʻana i ka poʻe make).
14.

Changing weather patterns and sea level rise are also threatening criticalinfrastructure and property necessary to sustain daily living activities in the rural community of
Hakipu‘u. Kamehameha Highway, the single roadway in and out of Hakipu‘u, is subject toerosion and flooding as a result of changing weather patterns, setting in motion an endless cycleof repairs and traffic congestion. Given the severity of coastal subsidence and the inability of thegovernment to keep up with erosion, Navahine and her community have donated, filled, andplaced over 1,000 sandbags along the highway to prevent the road from sliding into the sea.
Heavy rains in early 2020 triggered a landslide which slowed traffic for months and also caused
extensive water damage to Navahine’s family home. Further harm to Navahine’s home, kuleana
lands, and nearby cultural resources for which Navahine has kuleana (responsibility) are
expected to grow as climate change effects intensify, threatening the myriad cultural practices
that her ‘ohana has passed down to her over the generations. (E pilikia ana ka ʻōnaepuni koʻikoʻi9

a me ka ʻāina e pono ai ka noho pono ʻana o ke kaiāulu o Hakipuʻu i ka loli ʻana o ke au ʻanilā ame ka piʻi ʻana o ka ʻilikai. ʻO Kamehameha Alaloa, ke ala hoʻokahi e komo a e puka aku ai mai
Hakipuʻu, e pilikia ana paha i ka ʻaʻaiawai a i ka wai hālana ma muli o ka loli ʻana o ke au ʻanilā,e pono ai ka hoʻoponopono a kīpapa mau ʻana me ka paʻa o ia ala i nā kaʻa. Ma muli hoʻi o kahāneʻe ʻana o ke kapa kai, a me ka hiki ʻole i ke aupuni ke ʻalo i ka ʻaʻaiawai ʻana, ua pono ʻoNavahine a me kona kaiāulu e hoʻolako, hoʻopihapiha, a e kau i 1,000 ʻeke one ma kaʻe o ke
alaloa e kaupale aku i ka hāneʻe ʻana o ke ala i ke kai. Ma ka hoʻomaka o 2020 i hiolo ai ka
mauna i ka ua nui i paʻa ai ke ala i nā kaʻa no kekahi mau mahina a i pōʻino ai ka hale ʻohana oNavahine. E piʻi aʻe ana nō ka pilikia ʻana o ko Navahine hale, ʻāina kuleana, a me nā mea
waiwai kuʻuna e kuleana ai ʻo Navahine e mālama i ka ikaika ʻana aʻe o nā hopena loli aniau, epilikia ana nā hana kuʻuna he lehulehu i hoʻoili ʻia e kona ʻohana no nā hanauna he nui wale).
15.

Plaintiff Ka‘ōnohi P.-G. (“Kaʻōnohi”), by and through his natural guardian, is a15-year-old resident of Puna, Hawai‘i. Kaʻōnohi is an avid diver, and enjoys spearfishing andviewing marine life such as fish, dolphins, reef sharks, and coral reefs along the coast of hishome island. Among other species, Kaʻōnohi enjoys catching kole, uhu, and fried fish to eat andshare with his ‘ohana and friends. However, extreme precipitation events are impedingKaʻōnohi’s ability to access Hawai‘i’s coastal waters for subsistence, recreational, and aesthetic
purposes. Storms wash large amounts of sediment into the ocean making it unsafe for Kaʻōnohi
to dive because of limited visibility. Additionally, ocean acidification and warming ocean
temperatures are reducing fish populations and destroying the coral reefs that Kaʻōnohi hasgrown up using and enjoying.
16.

Sea level rise is also impeding Kaʻōnohi’s access to coastal resources, eroding sea

cliffs in his neighborhood, and blocking critical transportation corridors. Kaʻōnohi is a10

competitive paddler and is unable to launch his canoe in many places along the coastline
including Kona, Mahukona, and Honaunau due to eroding beaches and sea level rise. Kaʻōnohi
also grew up visiting Liliʻuokalani Park, but the bridges into the park are now completely
submerged at high tide; many other coastal areas are inaccessible during King Tides including
Laehala. The cliffs in Kaʻōnohi’s seaside neighborhood are also beginning to erode and collapse
because of rising sea levels, posing a risk to community structures, and blocking access to scenic
view planes.
17.

Kaʻōnohi hopes to become a marine biologist or archaeologist, but worries thatthese career options may not be available to him in the future because of how climate change isaltering the natural environment. As sea levels inundate and destroy important cultural sites in
Hawai‘i, including at Kawa, Kaʻū where Kaʻōnohi gathers paʻakai (salt), Kaʻōnohi deeply feels
the loss of connection to his culture, traditions, and ability to continue telling the stories of hisancestors through the discovery of the items and structures they left behind.
18.

Plaintiff Kawahine‘ilikea N. (“‘Ilikea”), by and through her natural guardian, is a12-year-old life-long resident of Kūmimi, Moloka‘i, who traces her ‘ohana’s genealogy on theisland back more than eight generations. ‘Ilikea has cultural, recreational, and subsistenceinterests in ocean-based activities that are threatened by changing environmental patterns. For
example, ‘Ilikea likes to swim in the ocean close to her home, but extreme precipitation events
trigger flash floods, which wash bacteria and pesticide laden sediment into the ocean, muddying
the nearshore waters, and posing a health threat to ocean users and marine resources. Similarly,‘Ilikea used to regularly visit Keawanui fishpond to learn about traditional fishing andaquacultural practices; however, due to changes in the ocean environment caused by climate

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change, invasive species like jellyfish have inundated the fishpond, making it dangerous to enter
the waters.
19.

Climate change is also driving a decline in local fish populations that ‘Ilikea’s‘ohana has relied upon as staple food sources for generations. ‘Ilikea is learning to fish using
traditional and customary Native Hawaiian throw net techniques, and she often accompanies her
dad to look for manini and nenue, which they catch along the shoreline. However, as higher
ocean temperatures and ocean acidification cause fish populations to decline, it is harder for‘Ilikea to visually spot the once numerous schools of fish, as necessary when fishing using thistechnique. If high levels of greenhouse gas emissions continue, fishery productivity in Hawai‘iwill decline dramatically within ‘Ilikea’s lifetime, threatening this subsistence food source, andrelated traditional and customary Native Hawaiian fishing practices.
20.

Sea level rise is also threatening critical transportation corridors that ‘Ilikea relies

on for her daily activities. High tides regularly flood the coastal roadway near ‘Ilikea’s home,transforming Kamehameha V Highway into a single lane, and backing up traffic as cars wait
their turn to traverse the single lane in opposite directions. As sea levels continue to rise, thisroadway will become completely inaccessible, cutting ‘Ilikea off from places on Moloka‘i thather ‘ohana has accessed for hundreds of years.
21.

Plaintiff Mesina D.-R. (“Mesina”), by and through her natural guardian, is a 15-

year-old resident of Kailua, O‘ahu. Growing up in Hawai‘i, Mesina has used the beach as asocial gathering place where she spends time with family and friends and enjoys Hawai‘i’snatural beauty. However, the sandy beaches of Lanikai and Kailua where Mesina has spent her
youth are disappearing and being replaced with seawalls as sea level rise and erosion eat away atO‘ahu’s coastlines.

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22.

Extreme weather events related to the changing climate are jeopardizing thetransportation corridors Mesina depends upon for her daily activities. For example, heavy rains
in February 2019 triggered a rockslide that blocked the Pali Highway with heavy rocks andfallen debris; the highway was closed for nine months while the hillside was stabilized. Climatechange-induced extreme precipitation events have also caused recurrent flooding in and around
Mesina’s home, which is also the location of the family’s yoga business. Following severe
flooding in early 2021, Mesina’s family was forced to close their yoga studio for a week.
23.

Runoff from extreme precipitation also prevents Mesina’s from enjoying her

favorite sports, such as surfing, swimming, snorkeling, and canoe-paddling, and damages
Hawai‘i’s coral reefs, which are already suffering from climate change-induced disease andbleaching. For example, heavy rains in February 2018 caused a 6.5-million-gallon sewage spillon the Windward side of O‘ahu, preventing Mesina from entering the ocean for several days
until the concentration of bacteria and other contaminants in the water abated. At Lanikai Beach,where Mesina swims, once vibrant coral reef habitat has died-off, triggering her anxiety that the
total loss of corals may happen within her lifetime as the climate crisis worsens. Mesina fears
that she may not have a future and questions whether she should have children of her own
someday in a world plagued by climate catastrophes.
24.

Plaintiff Kawena F. (“Kawena”), by and through her natural guardians, is a 9-

year-old resident of Kaʻalaea, Oʻahu, and the eldest of her four siblings. Kawena is being homeschooled in the Hawaiian language by her parents, using Hawaiian epistemologies andpedagogies. Learning to speak ‘ōlelo Hawai‘i roots Kawena to her culture, community, andplace, shaping and reaffirming her reciprocal relationship with the natural world around her. (NaKa Mea Hoʻopiʻi Kawena F. (“Kawena”), ma o kona mau lūauʻi mākua, he kamaʻāina ia o13Kaʻalaea, Oʻahu, i piha iā ia he 9-makahiki, ka makahiapo o nā keiki ʻehā o kona ʻohana. E aʻoʻia mai ana ʻo ia ma ka home, ma o ka ʻŌlelo Hawaiʻi e kona mau mākua, ma ka ʻike aʻo a kiʻinaaʻo Hawaiʻi. Ma muli hoʻi o ia aʻo ʻana i ka ʻŌlelo Hawaiʻi e pili paʻa loa ai ʻo Kawena i konamoʻomeheu, kaiāulu, a i kona wahi, e kino mai ana a e paʻa ai kona pilina me ke ao kūlohelohe epuni ana ona).
25.

Kawena’s ‘ohana grows a variety of Polynesian and other plants for subsistence

purposes including sweet potato, maʻo, haʻuʻoi, kupukupu, lauaʻe, ginger, ʻōlena (turmeric), andtī leaf. Kawena’s ‘ohana currently has three māla kalo with over 100 plants growing, which thefamily uses to make kalo poke, kūlolo, laulau, and lūʻau stew. Maintaining a traditional
Hawaiian diet and perpetuating traditional farming practices is important to Kawena and her‘ohana. However, long periods of drought and shifting growing seasons caused by climatechange are threatening Kawena’s food security and the viability of the ‘ohana’s kalo farming
practices. (Mahi ko Kawena ʻohana i kekahi mau mea kanu a mea kanu Polenekia hoʻi no kamālama ola ʻana e like me ka ʻuala, ka maʻo, ka haʻuoi, ke kupukupu, ka lauaʻe, ka ʻawapuhi, kaʻōlena, a me ka lāʻī. He ʻekolu mau māla kalo o ko Kawena ʻohana me ona mau kalo he 100 e
ulu ana, e hoʻohana ʻia ana e ka ʻohana no ka poke kalo, kūlolo, laulau, me ke kū lūʻau. He mea
nui no Kawena a no kona ʻohana hoʻi ka mālama a hoʻomau ʻana i nā mea ʻai Hawaiʻi kuʻuna ame ona mau loina mahiʻai. Eia naʻe, e pilikia a e hemahema ana ko Kawena kahua hānai a me ka
mau ʻana o ko kona ʻohana mahiʻai ʻana i ka piʻi ʻana o ka lōʻihi o ka wā maloʻo a me ka loliʻana o ke kau hoʻoulu i ka loli aniau).
26.

Kawena’s personal safety and security are also threatened by climate change.

During extreme precipitation events, the only road that leads from Kawena’s house to
Kamehameha highway floods, trapping Kawena and her ‘ohana in their home where they must

14

wait for the rainwaters to subside before they can exit their property safely. During one recent
event, the road alongside the property turned into a free-flowing river. The changing climate
poses an ongoing threat to Kawena’s personal safety, her family home, and her ability to subsist
off and care for Hawai‘i’s natural environment in the future, as she is learning to do from herparents. (E pilikia ana ko Kawena ola maikaʻi a me kona noho maluhia ʻana i ka loli aniau. Ma
nā wā ua nui, piha ke ala hoʻokahi mai ko Kawena hale e hui ana me Kamehameha alaloa i ka
wai, e paʻa ai ʻo Kawena me kona ʻohana ma ka hale e kali ai a emi iho ka wai hālana i mea ehaʻalele palekana ai i ia wahi. Ma ka wā ua nui iho nei, ua lilo ke alanui e pili pū ana i ko lākouʻāina i kahawai. He puʻumake nui ka loli aniau i ko Kawena ola maikaʻi, i ka hale ʻohana, a i ka
mau ʻana o kona mālama ola ʻana ma o ka pilina me ke ao kūlohelohe o Hawaiʻi i ka wā e hiki
mai ana, e like me kāna e aʻo ana mai kona mau mākua)27.

Plaintiff Tyler L. (“Tyler”), by and through her natural guardian, is a 17-year-old

who grew up in Kailua, O‘ahu and now resides in Kona, Hawai‘i. Tyler is a regenerative farmer
committed to local food production, reforestation, and the preservation of Hawai‘’s genetic plant
diversity. Among other native plants, Tyler cultivates māmaki, ‘olena, ma‘o hau hele, ‘a‘ali‘i,
wiliwili, and ‘ūlei for personal use and reforestation efforts. She is actively working to reforest
native forests to mitigate climate change by curating native seeds; foundational to Hawai‘i’sfood, life, culture, and genetic diversity, and essential to Hawai‘i’s resilience to changing climate
conditions. Tyler is also working to increase soil health to support its carbon sequestration
capacity. Tyler understands the importance of using natural sequestration as a means to repair thedamage done from the excessive buildup of greenhouse gases in the atmosphere, and considers
her work as a regenerative farmer critical to ensuring she can continue to live a healthy life in
Hawai‘i.

15

28.

Increased temperatures, extreme precipitation events, and extended drought

conditions are impeding Tyler’s ability to garden, grow, and restore the native plants that she
relies upon for food and to nurture her wellbeing and connection to the Hawaiian environment.
Hawai‘i’s highly endemic native plant life is vulnerable to climate shifts, including rapidlychanging temperature and precipitation patterns. As native plant ranges shrink, it is becoming
increasingly difficult for Tyler to restore and protect the plants she values and cherishes as partof Hawai‘i’s rich culture and history. Tyler’s personal safety is also increasingly at risk during
her plant restoration work as climate change causes extreme heat events.
29.

Tyler has anxiety about how humanity will feed itself in the future if climatechange continues to degrade topsoil, which is used to grow 95% of the world’s food. Climatechange is degrading topsoil by reducing moisture and irrigation water and this is particularly aconcern in a place like Hawai‘i where topsoil is not easily regenerated. With less than 60 years of
topsoil left at current rates of degradation, Tyler knows that a central piece of her life as a farmer
is endangered, and fears that many people will face hunger and starvation in the future.
30.

Tyler’s childhood has also been marred by the tropical cyclones, including

hurricanes, which are becoming more severe, and wreaking ever greater havoc. Each time Tyler
and her ‘ohana receive a hurricane warning, they spend two days boarding up the windows,
filling their bathtub with water, bringing their plants and animals inside, and preparing to seek
shelter on higher ground. In July 2020, Tyler saw the eye of Hurricane Douglas 30 miles
offshore, the closest a hurricane has come to her home on O‘ahu in recorded history. In August
2018, Tyler and her ‘ohana took shelter from Hurricane Lane as it produced record-breaking
rainfall and caused flash flooding on O‘ahu. In addition to fearing for her own safety, Tyler fears

16

for the future of Hawai‘i’s endemic species, many of which are highly endangered and at-risk ofextinction in the coming years.
31.

Plaintiff Rylee K. (“Rylee”), by and through her natural guardian, is a 14-year-old

life-long resident of Mililani, O‘ahu. Rylee and her ‘ohana rely on locally grown and harvested
poi and luau leaves, limu, and poke as staples in their diet. Climate change is threatening Rylee’s
food security and significantly reducing the abundance of these traditional food sources. Recurrent
flooding on kalo farms has caused crop shortages since 2018, and changing ocean conditions,
including acidification and warming, have reduced limu and fish populations. Decreases instreamflow associated with changing weather patterns also threaten the supply of kalo, which
requires cool running water to grow and resist disease. As a snorkeler, diver, and swimmer, Rylee
has personally observed the reduction in fish populations around O‘ahu over the course of her
lifetime.
32.

Rylee’s physical and mental health are also suffering because of climate change.

Rylee has Ehlers Danlos Syndrome, which manifests as cold urticaria and cholinergic urticaria,
skin conditions which causes an outbreak of hives in reaction to sudden temperature changes.
Rylee has experienced these outbreaks more often in recent years with the increase in the numberof extremely hot days, and they can be overwhelming, covering her body in hives within minutes.
After the hives clear, Rylee is often left with bruises that take several weeks to heal. Rylee keeps
Benadryl cream with her at all times to apply in the case of an outbreak and to reduce the intensityof the irritation. Rylee is distressed by the unprecedented changes occurring around her andwonders if she should have her own children if the climate crisis continues to worsen, threatening
her and her ‘ohana’s access to vital food sources, as well as her own physical well-being.

17

33.

Plaintiff Kaliko T. (“Kaliko”), by and through her natural guardian, is an 11-year-

old who lives in Honokōhau, Maui and attends a Hawaiian immersion school. In September
2018, Kaliko and her ‘ohana packed up all their belongings and evacuated to a friend’s house as
Tropical Storm Olivia became the first tropical cyclone to make landfall in Maui. Intense
flooding during the storm, completely destroyed Kaliko’s home, lifting the house off its
foundation, and washing part of it down Honokōhau Stream, which runs alongside the property.
Kaliko and her ‘ohana were completely displaced and forced to relocate to a new home andproperty. As climate change continues to cause more frequent storms and severe weather events,
Kaliko and her ‘ohana’s security and safety remain at risk.
34.

Prolonged droughts are also reducing Kaliko’s water supply and impeding her‘ohana’s ability to grow subsistence crops. Regular water shortages force their water supply to be
shut off for days at a time, during which Kaliko bathes in the river and uses small amounts ofbottled water to wash their dishes. Although the family’s property has the capacity to support
nine to thirteen lo‘i, they are unable to sustain the plants without access to a reliable water
source. Instead, they must grow a dry-land variety of kalo to continue their tradition of making
poi.
35.

Kaliko is also experiencing climate anxiety, which began at a young age when she

would ask her mother if the world would still be here when she grew up. Today, she feels despair
growing up not knowing whether she, or her own future children, will be safe in Hawai‘i as her
community is ravaged by storms and floods caused by climate change.
36.

Plaintiff Charlotte M. (“Charlotte”), by and through her natural guardian, is a 13-

year-old resident of Kailua, O‘ahu. Charlotte’s home is in a low-lying area where extreme
precipitation and flooding can isolate her from key transportation corridors that she and her

18

family rely on for access to school and work. During heavy rain events, which are becoming
more frequent and intense as the climate crisis worsens, Charotte’s home can be cut-off fromother parts of the island due to the accumulated water on the ground, and she and her family areunable to leave or access their neighborhood. More often, Charlotte is unable to ride her bike toleave the neighborhood for activities and to get to her former school.
37.

Climate change is also harming Charlotte’s ability to access, use and enjoy

Hawai‘i’s natural environment for activities such as surfing, swimming, and snorkeling. These
activities are important to Charlotte and her family and are one way that they bond and sharetime together. Charlotte often paddles with her parents from Lanikai Beach out to Popoi‘a Island(Flat Island) and other Kailua Bay surf breaks. However, extreme precipitation events have led torepeat sewage overflows on the Windward side that can cause gastroesophageal illness andsevere skin infections, including antibiotic-resistant staph. Each brown water event preventsCharlotte and her ‘ohana from accessing and enjoying the ocean for up to a week.
38.

Anthropogenic climate change is also causing the beaches and reefs Charlotte

regularly visits for recreation, education, and personal well-being to disappear. Sea level rise has
contributed to shrinking beaches; 58% of the Lanikai shoreline, Charlotte’s favorite local beach,no longer has any beach at high tide. Warming ocean temperatures and sewage runoff havedegraded and destroyed reefs and corals on O‘ahu where Charlotte snorkels. The destruction ofcoral reefs makes the coastline where Charlotte lives more vulnerable to storms and further
coastal erosion and inundation, thereby putting her home in harm’s way.
39.

In the summer of 2020, Charlotte was on Hawai‘i Island when an unprecedented

62-square-mile wildfire, fueled by drought conditions, approached the area where she and herfamily were staying near Waikoloa Village. Charlotte’s family was forced to shelter in place and19close all the doors and windows to reduce their exposure to particulate matter in the air.
Watching ash fall from the darkening sky around her, Charlotte was worried the fire would trap
her family and block their escape routes. This terrifying experience has fueled Charlotte’s fear
and anxiety about how climate change will continue to alter, affect, and ultimately degrade thelandscape of her home.
40.

Plaintiff Taliya N. (“Taliya”), by and through her natural guardian, is a 14-year-

old Native Hawaiian who lives in Kamuela, Hawai‘i. Taliya’s family home is off the grid, notconnected to the County of Hawai`i public water system, and relies on an individual rainwater
catchment system to meet their daily water needs. In the fall of 2021, as the result of the ongoingdrought affecting Hawai‘i Island, Taliya experienced water insecurity for the first time during thewinter. To conserve their limited water supply, Taliya took short showers, flushed the toilet
using buckets from water collected in town, and rationed laundry until it finally rained in January
2022. Climate change has caused average precipitation to decrease in Hawai‘i over the lastcentury, especially in higher-elevation interior areas such as Kamuela. Severe droughts are
becoming more common in Hawai`i, causing water shortages in areas dependent on rainfall for
freshwater. These climate changes pose an ongoing threat to Taliya’s water security.
41.

Climate change is also increasing the occurrence of extreme precipitation, andother natural disasters; flash floods prevent Taliya from traveling or attending school up to six
times a year. Extreme precipitation events can also destabilize the 200-foot-tall Eucalyptus treesthat grow near her home; individual Eucalyptus trees often fall down during storm events,
blocking the road, and posing an ongoing threat to Taliya’s safety. In two separate incidents
large branches feel on two of the family’s vehicles causing substantial damage. In August 2021,
climate change-induced drought precipitated a large wildfire that burned over 62 square miles,

20

displacing many animals, including pigs, sheep, and goats. These displaced animals retreated toroadways, creating unsafe conditions and property damage, including to one of Taliya’s family’svehicles.
42.

The beaches that Taliya visits are shrinking, and high tide events prevent her fromaccessing and enjoying these natural resources. Taliya is a volleyball player and enjoys playingat Hāpuna Beach. She has observed loss of sand and usable recreation area as high tide events
increase; during high surf, Hāpuna Beach is inaccessible to the public. Extreme precipitation also
causes runoff that can lead to staph and other skin infections. Taliya also regularly swims,
snorkels, and boogie boards at places like Spencer Beach, Kealakekua (Captain Cook) Bay,
Waialea Beach, Hāpuna Beach, and Kaunaʻoa (Mauna Kea) Beach. However, after heavy
rainfall events she cannot safely participate in these activities for days at a time. Overall, climatechange is threatening Taliya’s relationship to natural and cultural resources, and disrupting thecontinuity required for her continued health and well-being.
43.

Plaintiff Kanoa V.-B. (“Kanoa”), by and through his natural guardian, is a 17-

year-old resident of Kailua, O‘ahu. The roads around Kanoa’s home regularly flood during
extreme precipitation events, and as these events become more frequent and severe, he is at riskof losing access into and out of his home. Kanoa swims, snorkels, and paddles in the ocean at
Kailua Beach and Castles Beach but sea level rise and coastal erosion threaten the sandy beaches
he has grown up using and enjoying for recreation, athletics, and spending time with friends.
44.

The coral reefs around O‘ahu where Kanoa snorkels and swims have also been

degraded by ocean acidification and warming ocean temperatures that cause coral bleaching.
Kanoa does not snorkel in Kailua Bay because extensive damage to the coral reef ecosystem
there has left many corals dead, and surviving corals sparse. Instead, Kanoa must drive to21

Shark’s Cove and Hanauma Bay to view more intact coral reefs—yet even these areas are under
threat from climate change. When Kanoa was 10 years old, high sea surface temperature
bleached half of the corals at Hanauma Bay, and nearly 10% died as a result. Kanoa feels that asthe climate crisis worsens, he will no longer be able to view vibrant coral reefs on his homeisland, or to enjoy the beaches of his youth.
45.

Kanoa also regularly visits and volunteers at Kawainui Marsh to view native

Hawaiian birds, including ʻalae ʻula, ʻalae keʻokeʻo, ʻaʻeo, and koloa maoli. Climate change isshrinking the ranges of these native coastal birds, which may lose their remaining habitat due tosea level rise by 2100. Kanoa feels a strong connection to the natural world and enjoys being
able to hike in areas surrounded by native flora and fauna. He fears for his future on O‘ahu as theplaces and native species he treasures most are being destroyed by climate change, with manyothers projected to disappear within his lifetime.
46.

Plaintiff Kalā W. (“Kalā”) is an 18-year-old born and raised in Hawai‘i, withroots on both the islands of Kaua‘i and O‘ahu. Kalā has dedicated much of her young life toprotecting the natural resources of Hawai‘i, including advocating for rules implementing the
Hā‘ena Community-Based Subsistence Fishing Area (“CBFA”). The Hā‘ena CBFA was createdto manage the Hā‘ena fishery for subsistence purposes using traditional and customary placebased knowledge of the area’s natural resources. Among other efforts, Kalā founded E Alu PūYouth Council to educate young people on conservation and approaching fishery managementwith an indigenous mindset, and to empower them to represent the Youth Council in the larger
community. Kalā plans to return to Kaua‘i in the future after finishing college to continue her‘āina-based advocacy, but worries about the long-term health of Hawai‘i’s natural resources.

22

47.

In April 2018, North Shore communities on Kaua‘i received nearly 50 inches ofrain within 24 hours, producing some of the most extreme flooding conditions in Hawai‘i’s
recorded history. This climate change-induced “rain bomb” destroyed homes, flooded lo‘i
farmed for local, subsistence use, and cut off road-based access into and out of Kalā’scommunity for several weeks. After the flood, Kalā helped remove debris to restore Limahuli
stream—the main water source for her community. During hurricane warnings in 2017 and 2019,
Kalā missed school boarding up her family’s home and preparing for potential flooding andisolation similar to that experienced following the 2018 storm.
48.

Kalā is an avid surfer and has seen how increased beach erosion smothers coral

reefs, harms local fish populations, and alters surf breaks on both Kaua‘i at the Bowl off Hanalei
Bay and O‘ahu at Queen’s Beach. Sea level rise has inundated roadways Kalā and her ‘ohanarelied on, including Kamehameha Highway, preventing her from accessing certain parts of theisland. Rising temperatures have also reduced the abundance of limu in Hā‘ena, Kaua‘i, which
she learned to gather from her elders. The lack of limu also harms the fish populations that
depend on it, and has cascading negative impacts in the local coastal ecosystems Kalā cherishes.
49.

Plaintiff Pahonu C. (“Pahonu”), by and through his natural guardian, is a 16-

year-old resident of Waimānalo, Oah‘u. Pahonu lives on Hawaiian Homestead lands and attends
Kailua High School, receiving instruction exclusively in ʻōlelo Hawaiʻi. Pahonu is named after
the first fishpond built on Oah‘u, Pāhonu loko i‘a, and has been working since 2018 to restore
the rock wall around this valuable cultural and subsistence resource, and protect it from rising
sea levels. Rising temperatures and increasing droughts from climate change will reduce theabundance of fish Pahonu and his community can depend on in the fishpond.

23

50.

Sea level rise and coastal erosion have already destroyed recreational resources at

nearby Kaiona Park. Pahonu and his family used to launch their boat from a ramp at the park, but
the ramp is now partially submerged and completely unusable from the stress of the changing
environment. Much of the sandy beach in the park where Pahonu used to recreate and takephotos with his family has also disappeared. Pahonu fears that his younger siblings will not know
the joy he felt frequenting these once expansive sandy beaches, lost within Pahonu’s short
lifetime, or be able to enjoy other natural and cultural resources that are threatened by climatechange.
51.

Plaintiff Brianna K. (“Kū”), by and through her natural guardian, is a 14-year-old

Native Hawaiian cultural practitioner from West Maui. Kū and her ‘ohana are kuleana land
holders in Kaulu Valley, and they depend upon water from Kanahā Stream for their daily
activities. Due to climate change, the water level in the stream is inconsistent; during low-flow
periods the water pressure drops, interfering with Kū and her ‘ohana’s ability to use water fordaily activities, including cooking, cleaning, and working in their kalo lo‘i.
52.

Kū’s ‘ohana also operates a commercial farm in Kaulu Valley, which is theirprimary source of income. The farm produces a wide range of crops for personal consumption
and sale, including ‘uala, kalo, and ‘ulu. However, warmer temperatures and longer summers
have made farming more difficult. For example, invasive pests that thrive in warmer
temperatures cause significant damage to crops. Extreme weather events have also affected thefarm and Kū’s larger community. In 2018, the ‘ohana lost their greenhouse, their crops, and large
fruit-bearing trees to Hurricane Lane. The hurricane also triggered wildfires that destroyed
homes and other structures in Kū’s community. Heavy rains regularly cause flooding, whichblocks the road to the farm, and washes out crops. During a 2020 storm, homes and other24

property in Kū’s community, and of close family friends in nearby Honokōhau valley, were
washed out into the ocean.
53.

Kū frequents the beach multiple times a week at Na Pili Bay, Honokōhau (DCFlemmings), and Lahaina, where she swims and fishes. Kū is unable to fish as she used tobecause coral bleaching is destroying fish habitat along the shoreline. Kū’s kūpuna tell her
stories about how large the beach was before she was born. Hearing these stories, Kū worries
that if sea level rise continues, the beach will soon be completely eroded, and everything that isalong the shoreline will be lost, including parks, homes, and other infrastructure.
54.

To protect themselves and mitigate harm to Hawai‘i’s environment, natural

resources, and endangered species and ecosystems, the Youth Plaintiffs have dedicatedsignificant amounts of their time educating others about climate change, and advocating forpolicies that reduce greenhouse gas emissions. However, every attempt the Youth Plaintiffs havemade to safeguard their rights has failed because Defendants view their transportation system ascompliant with their legal obligations. In the absence of declaratory and injunctive relief fromthis Court, Defendants will continue to establish, maintain, and operate a state transportation
system that generates ever increasing greenhouse gas emissions, violating the Youth Plaintiffs’
rights to a clean and healthful environment, and endangering public trust resources that depend
upon a stable climate system.
55.

The individual harms to the Youth Plaintiffs’ property, health, and safety, andcultural, recreational, aesthetic, and subsistence interests, as described above, are caused by theongoing climate crisis, and exacerbated by Defendant’s role in the climate crisis. Youth Plaintiffs
are injured by each passing year that Defendants continue their conduct that results ingreenhouse gas emissions, thereby endangering the Youth Plaintiffs’ opportunity to live safe and25healthy lives, enjoy the activities and access to places they have grown up enjoying, andperpetuate and pass on cultural traditions that rely upon healthy, functioning ecosystems. The
loss of the ability to protect their lives, health, and safety also causes concrete psychological,
emotional, and mental health injury to each of the Youth Plaintiffs. As climate change worsens,
the Youth Plaintiffs will be forever foreclosed from obtaining redress for their injuries.
Accordingly, the Youth Plaintiffs bring this lawsuit to obtain relief for their injuries while there
is still time to do so.
Defendants
56.

Defendant HDOT has jurisdiction and authority to “establish, maintain, andoperate transportation facilities of the State, including highways, airports, harbors, and such othertransportation facilities and activities as may be authorized by law.” HRS § 26-19.
57.

Among other duties, HDOT is responsible for establishing, maintaining, andoperating the state highway system, id. §§ 264-41, -42, -43; “commercial harbors, commercial
harbor and waterfront improvements, ports, docks, . . . and landings belonging to or controlled
by the State,” id. § 266-2(a)(1); and “airports, air navigation facilities, buildings, and otherfacilities to provide for the servicing of aircraft,” id. § 261-4 (collectively the “statetransportation system”). To comply with the Federal Highway Act, HDOT is designated as thestate highway department, see id. § 264-22, and is responsible for designating highways that are
eligible for federal-aid funds, and securing such federal-aid funds as necessary and feasible. See
id. §§ 264-23, -28, -29. HDOT may also accept and expend federal funds for airport and harbor
construction and maintenance. See id. §§ 261-8; 266-19.

26

58.

Defendant Jade Butay is sued in his official capacity as Director of HDOT.

Defendant Butay has the ultimate responsibility to ensure the state transportation systemcomplies with applicable laws. See HRS § 26-19.
59.

Defendant Governor David Ige (“Governor Ige”) is sued in his official capacity.

The executive power of the State is vested in the Governor, and the Governor supervises eachprincipal department of the State, including HDOT. Haw. Const. art. V, §§ 1, 6. The Governor
appoints the Director of HDOT (with the advance and consent of the Senate), id. art. V, § 6, setsbiennium budgets that fund transportation and climate change initiatives, id. art. VII, § 8, and is“responsible for the faithful execution of the laws,” id. art. V, § 5.
60.

Defendant State of Hawai‘i, acting through the agencies of the executive branch,

is bound by the Hawai‘i Constitution, including the constitutional public trust doctrine and Youth
Plaintiffs’ constitutional rights to a clean and healthy environment, as defined by an extensive
and growing body laws, including but not limited to Hawai‘i’s Zero Emissions Target.
61.

Defendants HDOT, Jade Butay, Governor Ige, and the State of Hawai‘i havepublic trust duties to protect and conserve all natural resources, including the climate system andall other natural resources affected by climate change, for present and future generations. Haw.
Const. art. XI, § 1.
62.

Youth Plaintiffs’ constitutional right to “a clean and healthful environment” may

be enforced against “any party, public or private,” including Defendants HDOT, Jade Butay,
Governor Ige, and State of Hawai‘i. Id. art. XI, § 9.
63.

Defendants HDOT, Jade Butay, Governor Ige, and State of Hawai‘i areresponsible for achieving Hawai‘i’s Zero Emissions Target, HRS § 225P-5, and are mandated to“expand strategies and mechanisms to reduce greenhouse gas emissions through the reduction of27

energy use, adoption of renewable energy, and control of air pollution among all agencies,
departments, industries, and sectors, including transportation[,] . . . utiliz[ing] the best available
science, technologies, and policies to reduce greenhouse gas emissions,” 2018 Haw. Sess. Laws
Act 15, § 4 (emphasis added).
LEGAL FRAMEWORKA.

Defendants’ Constitutional Public Trust Duties to Protect the Climate System and
All Natural Resources.

64.

Article XI, section 1 of the Hawai‘i Constitution requires Defendants “[f]or the

benefit of present and future generations,” to “conserve and protect Hawai‘i’s natural beauty andall natural resources.” Article XI, section 1 further declares that “[a]ll public natural resources
are held in trust by the State for the benefit of the people.” This mandate adopts “the public trust
doctrine as a fundamental principle of constitutional law in Hawai‘i.” In re Waiāhole Ditch
Combined Contested Case Hr’g, 94 Hawai‘i 97, 132, 9 P.3d 409, 444 (2000) (“Waiāhole”).
65.

Hawai‘i’s constitutional public trust doctrine applies to “all natural resources,

including land, water, air, minerals and energy sources.” Haw. Const. art. XI, § 1 (emphasis
added).
66.

The climate system is a highly complex system consisting of five major

components: the atmosphere, the hydrosphere, the cryosphere, the lithosphere and the biosphere,
and the interactions between them. The climate system itself is a “natural resource” protected by
Hawai‘i’s public trust doctrine because it comprehensively encompasses and inextricablyinterrelates with all other natural resources, including but not limited to land, water, and air. The
constitutional public trust’s protection of “all natural resources” expressly or impliedly includes
the climate system, or necessarily must extend to the climate system based on present “changing
needs and circumstances.” Waiāhole, 94 Hawai‘i at 135, 9 P.3d at 447.

28

67.

In addition to altering the climate system as a whole, climate pollution—and theresulting earth energy imbalance—directly and pervasively affect all other natural resources
protected by the constitutional public trust doctrine, including but not limited to land, water, andair. The Hawai‘i Supreme Court has specifically recognized the “public trust considerations . . .
related to protection of air and other trust resources affected by climate change.” In re Maui Elec.
Co., 150 Hawai‘i 528, 538, 506 P.3d 192, 202 (2022) (“MECO”).
68.

“The State’s constitutional public trust obligations exist independent of any

statutory mandate and must be fulfilled regardless of whether they coincide with any other legal
duty.” Ching v. Case, 145 Hawai‘i 148, 178, 449 P.3d 1146, 1176 (2019).
69.

The “basic premise” of the public trust is “that the state has certain powers andduties which it cannot legislatively abdicate.” Waiāhole, 94 Hawai‘i at 130-31, 9 P.3d at 442-43.
Thus, agency statutory duties “do not override the public trust doctrine,” rather, “the doctrine
continues to inform the [statute]’s interpretation, define its permissible ‘outer limits,’ and justify
its existence.” Id. at 133, 9 P.3d at 445. “The public trust doctrine at all times forms the outerboundaries of permissible government action with respect to public trust resources.” Id. at 132, 9
P.3d at 444 (citation omitted).
70.

The public trust places upon state agencies “a fiduciary duty analogous to thecommon law duty of a trustee.” Ching, 145 Hawai‘i at 170, 449 P.3d at 1168. “The most basic
aspect of the State’s trust duties is the obligation to protect and maintain the trust property andregulate its use,” which includes an “obligation to reasonably monitor trust property to ensure it
is not harmed.” Id. at 170, 177, 449 P.3d at 1168, 1175 (quotation marks omitted). “As trustee,
the State must take an active role in preserving trust property and may not passively allow it tofall into ruin.” Id. at 177, 449 P.3d at 1175.

29

71.

Under the public trust, the State and agencies such as HDOT “must take theinitiative in considering, protecting, and advancing public rights in the resource at every stage ofthe planning and decisionmaking process.” Waiāhole, 94 Hawai‘i at 143, 9 P.3d at 455.
72.

“The trust also requires planning and decisionmaking from a global, long-term

perspective.” Id.
73.

The State and its agencies must “consider the cumulative impact” of their actions

on public trust resources and “implement reasonable measures to mitigate this impact, including
the use of alternative[s].” Id.
74.

The public trust requires the State and its agencies to “demonstrate affirmatively”

that their actions “will not affect a protected [trust] use, in other words, the absence of evidence
that the proposed use would affect a protected use is insufficient.” Kauai Springs, Inc. v.
Planning Comm’n, 133 Hawai‘i 141, 173, 324 P.3d 951, 983 (2014) (quotation marks andbrackets omitted).
75.

The public trust also “restates” and incorporates the precautionary principle, i.e.,“where there are present or potential threats of serious damage, lack of full scientific certainty
should not be a basis for postponing effective measures to prevent environmental degradation.”
Waiāhole, 94 Hawai‘i at 154, 155, 9 P.3d at 466, 467. “In addition, where uncertainty exists, atrustee’s duty to protect the resource mitigates in favor of choosing presumptions that also
protect the resource.” Id.
76.

“Just as private trustees are judicially accountable to their beneficiaries for

dispositions of the res, so the legislative and executive branches are judicially accountable for the
dispositions of the public trust. The beneficiaries of the public trust are not just present
generations but those to come. The check and balance of judicial review provides a level of30

protection against improvident dissipation of an irreplaceable res.” Id. at 143, 9 P.3d at 455(quotation marks and citations omitted).
77.

The courts of Hawai‘i hold “the ultimate authority to interpret and defend the

public trust in Hawai‘i.” Id.
B.

Youth Plaintiffs' Constitutional Rights to a Clean and Healthful Environment.

78.

Article XI, section 9 of the Hawai‘i Constitution establishes that “[e]ach person

has the right to a clean and healthful environment, as defined by laws relating to environmental
quality, including control of pollution and conservation, protection and enhancement of natural
resources.”
79.

Article XI, section 9 is self-executing. County of Hawai‘i v. Ala Loop

Homeowners, 123 Hawai‘i 391, 413, 235 P.3d 1103, 1125 (2010).
80.

Article XI, section 9 has “both a substantive and a procedural component. First, it

recognizes a substantive right ‘to a clean and healthful environment,’ with the content of thatright to be established not by judicial decisions but rather ‘as defined by laws relating toenvironmental quality.’ Second, it provides for the enforcement of that right by ‘any person’
against ‘any party, public or private, through appropriate legal proceedings, subject to reasonable
limitations and regulation as provided by law.’” Id. at 409, 235 P.3d at 1121 (quoting Haw.
Const. art. XI, § 9).
81.

The Hawai‘i Supreme Court recently reaffirmed that “[i]n Hawai‘i, a person

enjoys a substantive right to ‘a clean and healthful environment.’” MECO, 150 Hawai‘i at 538
n.15, 506 P.3d at 202 n.15. “Though this right is constitutionally vested, its parameters aredefined by ‘laws relating to environmental quality.’” Id. (quoting Haw. Const. art. XI, §9).
82.

The Hawai‘i Supreme Court confirmed that statutes related to “moving [the State]away from fossil fuel-generated power and curbing climate change” are “laws relating to31

environmental quality.” Id. at 538 nn.14 & 15, 506 P.3d at 202 nn.14 & 15. Thus, theconstitutional right to “a clean and healthful environment” as defined by such statutes “subsumes
a right to a life-sustaining climate system.” Id. at 538 n.15, 506 P.3d at 202 n.15 (emphasis
added). “The need to mitigate the catastrophic effects of anthropogenic climate change underlies[the statute]; it in turn shapes and defines the right to a clean and healthful environment.” Id.
83.

The substantive right to a clean and healthful environment under article XI,

section 9 “is a legitimate entitlement stemming from and shaped by independent sources of statelaw, and is thus a property interest protected by due process.” In re Maui Elec. Co., 141 Hawai‘i249, 261, 408 P.3d 1, 13 (2017).
84.

In the context of this legal action, Youth Plaintiffs’ right to a clean and healthfulenvironment is defined by an extensive and growing body of laws, including mandates requiring
Defendants to “decarboniz[e] the transportation sector,” HRS § 225P-7, with the overarchinggoal of achieving the statewide Zero Emissions Target “as quickly as practicable, but no later
than 2045.” Id. § 225P-5; see also id. § 264-143(a)(9). These laws, further set forth in thefollowing subpart C, all directly relate to “environmental quality”; they all recognize andembody the “need to mitigate the catastrophic effects of anthropogenic climate change” and “tocurb greenhouse gas emissions”; and they all affirm and reinforce the constitutional “right to alife-sustaining climate system.” MECO, 150 Hawai‘i at 538 n.15, 506 P.3d at 202 n.15.
C.

Defendants’ Statutory Authorities and Duties to Reduce Greenhouse Gas
Emissions from the State Transportation System.

85.

In furtherance of its authorities and duties to establish, maintain, and operate thestate transportation system under HRS section 26-19 and chapters 261, 264 and 266, HDOT must
prepare a statewide transportation plan for the state highway system, airports, harbors and waterborne transit, surface mass transit systems, and major county roads. See HRS § 279A-2(a). The

32

statewide transportation plan must detail “transportation needs for a six-year period and aschedule of priorities for the construction, modification, and maintenance of various segments ofthe statewide plan that involve either state-operated systems or county-operated systems that may
require state financial assistance for a twenty-year period.” Id. § 279A-2(b)(1). HDOT must
update this information annually. Id. § 279A-2(c).
86.

The statewide transportation plan must comply with the Hawai‘i State Planning

Act, HRS chapter 226, which establishes the following climate and greenhouse gas reduction
mandates for transportation and energy facilities:
“[i]ncrease[] energy security and self-sufficiency through the reduction and ultimate
elimination of Hawai‘i’s dependence on imported fuels for . . . groundtransportation,” id. § 226-18(a)(2);

“[e]ncourage safe and convenient use of low-cost, energy-efficient, non-polluting
means of transportation,” id. § 226-17(b)(11);“[e]ncourage diversification of transportation modes and infrastructure to promote
alternate fuels and energy efficiency,” id. § 226-17(b)(13);“[p]romote alternate fuels and transportation energy efficiency,” id. § 226-18(b)(7);and“achieve . . . [a] desired physical environment, characterized by . . . stable natural
systems,” id. § 226-4(2).

87.

In planning for ground transportation facilities, HDOT is specifically charged

with developing and implementing a plan that establishes:(1) “A contiguous network of motor vehicle highways” in which “priority and preference
for access shall be given to public mass transportation”;

33

(2) “A contiguous network of bicycle and electric bicycle highways or pathways,” which“shall be separated and protected from vehicular traffic”; and(3) “A contiguous network of pedestrian highways or pathways,” which “shall be protectedfrom vehicular and bicycle traffic.”
HRS § 264-142(a).
88.

Additionally, in “planning, designing, and implementing” ground transportation

infrastructure projects, HDOT “shall endeavor to” meet the following goals:“Reduce carbon emissions and greenhouse gasses to meet state renewable portfolio
standards established in [HRS §] 269-92 and [a] zero emissions clean economy by2045 pursuant to [HRS §] 225P-5”;

“Reduce vehicle miles traveled”;

“Decrease the percentage of single occupancy vehicles in the State’s mode share”;

“Assess and maximize total throughput of people across all modes of transportation”;

“Achieve any goals described in the complete streets policy”;2 and

“Reduce urban temperatures by incorporating tree canopy and foliage over hardened
surfaces.”Id. § 264-143(a).
89.

To facilitate the electrification of ground transportation, HDOT must “[p]romote

efficient operation of vehicles, including efficient planning of charging system locations andefficient utilization of renewable energy for charging [EVs].” Id. § 196-9(c)(6).

State law mandates that HDOT “adopt a complete streets policy that seeks to reasonably
accommodate convenient access and mobility for all users of the public highways . . . including
pedestrians, bicyclists, transit users, motorists, and persons of all ages and abilities,” subject tolimited exceptions. HRS § 264-20.5(a).
2

34

90.

The Zero Emissions Target requires the State, including HDOT, to “sequester

more atmospheric carbon and greenhouse gases than emitted within the state as quickly aspracticable, but no later than 2045.” Id. § 225P-5(a) (emphasis added). “After January 1, 2020,
agency plans, decisions, and strategies shall give consideration to the impact of those plans,decisions, and strategies on the State’s ability to achieve the goals in this section.” Id. § 225P5(b). The purpose of the Zero Emissions Target is to “address the effects of climate change toprotect the State’s economy, environment, health, and way of life.” Id. § 225P-1.
91.

In adopting the Zero Emissions Target, the Legislature explicitly mandated thatthe “[t]he State shall expand strategies and mechanisms to reduce greenhouse gas emissions
through the reduction of energy use, adoption of renewable energy, and control of air pollution
among all agencies, departments, industries, and sectors, including transportation.” 2018 Haw.
Sess. Laws Act 15, § 4 (emphasis added). “Such strategies and mechanisms shall utilize the best
available science, technologies, and policies to reduce greenhouse gas emissions.” Id.
92.

In 2021, the Legislature declared a “climate emergency” and called on “entities

statewide . . . to pursue [the following] climate mitigation and adaptation efforts and mobilize at
the necessary scale and speed”: (1) “[a] statewide commitment to a just transition toward adecarbonized economy”; and (2) “[f]acilitation of investments in beneficial projects andinfrastructure” such as electric vehicles (“EVs”), clean fleet transitions, energy efficiency, andreforestation. S. Con. Res. 44, 31st Leg. (2021).
93.

Also in 2021, the Legislature enacted a statewide goal to “reduce emissions thatcause climate change and build energy efficiencies across all sectors, including decarbonizing
the transportation sector.” 2021 Haw. Sess. Laws Act 74, § 2; HRS § 225P-7 (emphasis added).

35

BACKGROUND FACTS
A.

Greenhouse Gas Emissions Are Causing an Escalating Climate Emergency for
Hawai‘i and the Earth.

94.

As the Hawai‘i Supreme Court recently recognized, “There is scientificconsensus: anthropogenic global warming threatens the world’s climate system. It raises theseas; it sickens the planet. It harms present and future generations.” MECO, 150 Hawai‘i at 538
n.15, 506 P.3d at 202 n.15 (emphasis added).
95.

The Hawai‘i Supreme Court further recognized that “Hawai‘i’s space on Earthmakes us vulnerable to the ecological damage caused by an unhealthy climate system” and cited
the Hawai‘i Legislature’s declaration of a “climate emergency.” Id.
96.

Likewise, over the last 15 years, the Hawai‘i Legislature has repeatedly andconsistently found:“The scientific evidence is now compelling that recent climate change is caused at leastin part by human activities, especially the burning of fossil fuels, which has driven
atmospheric carbon dioxide concentrations to their highest levels in four hundred
twenty thousand years. . . . [C]limate change poses a serious threat to the economic
well-being, public health, natural resources, and the environment of Hawai‘i.” 2007
Haw. Sess. Laws Act 234, § 1(a).

“[T]he mass consumption of fossil fuels, driven by our dependence on food and energy
imports, contributes to climate change and the deterioration of the environment,” 2010
Haw. Sess. Laws Act 73, § 1.

“[C]limate change is the paramount challenge of this century, posing both an urgent
and long-term threat to the State’s economy, sustainability, security, and way of life.”
2014 Haw. Sess. Laws Act 83, § 1.

36“[N]ot only is climate change real, but it is the overriding challenge of the 21st century. . . . Climate change poses immediate and long-term threats to the State’s economy,
sustainability, security, and way of life.” 2017 Haw. Sess. Laws Act 32, § 1.

“[C]limate change is real and poses a serious threat to the State’s economy,
sustainability, and natural resources.” 2018 Haw. Sess. Laws Act 15, § 1.

And in 2021, the Legislature “acknowledged [that] an existential climate emergency
threatens humanity and the natural world, declare[d] a climate emergency, and request[ed]statewide collaboration toward an immediate just transition and emergency mobilization effort torestore a safe climate.” S. Con. Res. 44, 31st Leg. (2021).
97.

According to current data, 2020 tied with 2016 as the warmest year ever recorded.

The 2020 global temperature was +1.3°C (~2.3°F) warmer than the best estimate of preindustrial temperatures. The past seven years were the warmest seven years ever, and the ten
warmest years all occurred after 2009, reflecting a long-term warming trend.
98.

Hawai‘i is warming at a rate that is four-and-a-half times greater than before

1959. Eight of the ten warmest years on record in the State occurred after 2000 (in order: 2015,2019, 2020, 2018, 2004, 2016, 2017, 2005). Since 1970, every decade has been warmer than thelast, with the 2010s being on average 1.22ºC (2.20ºF) warmer than the pre-industrial era. The
five-year period from 2016 to 2020 was 1.52ºC (2.74ºF) warmer than the pre-industrial period.
99.

Climate change is a response to energy imbalances in the climate system. Becauseof a buildup of greenhouse gases in Earth’s atmosphere, more solar energy is retained in theatmosphere, and less energy is released back into space. This excess accumulation of greenhousegases in our atmosphere results in an energy imbalance and, thus, an accumulation of heat in our37climate system, and the most practical way to monitor climate change is to assess theaccumulation of heat in the climate system.
100.

Between 2005 and 2019, Earth’s energy imbalance doubled, representing an

unprecedented and rapid warming of our planet. This energy increase is equivalent to the energy
burned from 139 billion flights from Los Angeles International Airport to Daniel K. Inouye
International Airport.
101.

Restoring Earth’s energy imbalance is key to solving the climate crisis. The only

way to do this is to swiftly reduce greenhouse gas emissions by eliminating fossil fuelcombustion, and protecting and enhancing carbon sinks to sequester more carbon.
102.

The best available science today prescribes that global atmospheric CO2

concentrations must be restored to less than 350 parts per million (“ppm”) by 2100 (with further
reductions thereafter) in order to stabilize Earth’s energy balance and restore the climate systemon which the continued existence and quality of life in Hawai‘i and Youth Plaintiffs’ own lives
depend. A global emission reduction and sequestration pathway back to 350 ppm by 2100 would
stabilize long-term global heating at no more than 1°C above pre-industrial temperatures, with ashort-term peak of approximately 1.3°C as a global average. No one, including the International
Panel on Climate Change (“IPCC”), has published any scientific evidence to counter the findingthat < 350 ppm is the maximum safe concentration of CO2.
103.

The global annual average atmospheric CO2 concentration for 2021 was 416.45

ppm. The fluctuations of CO2 levels moves in parallel with global temperature and sea level rise,as shown in Figure 1 (below). Given how increases in CO2 drive atmospheric and ocean
warming, which in turn cause ocean expansion and polar ice melt, leading to sea level rise, theresults are dire for humanity at current CO2 levels and even worse as more CO2 is put into the38system. The last time CO2 levels were over 400 ppm, global sea level was approximately 70-90
feet higher than today.

Figure 1: Carbon Dioxide, Temperature and Sea-Level Rise(Sources: Data from various sources including Nat’l Aeronautics & Space Admin., Goddard Inst.
for Space Studies; Nat’l Oceanic & Atmospheric Admin.; University of Colorado Sea Level Rise
Research Group)

39

104.

While Hawai‘i on its own cannot achieve what scientists prescribe is needed torestore the entirety of Earth’s energy imbalance (the most critical metric defining the scope ofcontinued global warming and climate change) the Legislature has long recognized that Hawai‘imust “continue the State’s tradition of environmental leadership by placing Hawai‘i among thenation’s leaders in efforts to effect a climate change policy . . . [, which] will serve as an example
to other states, the federal government, and other countries to protect our fragile global
environment.” 2007 Haw. Sess. Laws Act 234, § 1(a). See also 2018 Haw. Sess. Laws Act. 15,§ 1 (finding that “Hawai‘i is committed to mitigating climate change” and is “the first state in thenation to send a clear message to the world that our citizens are determined to secure their energy
future and climate health”).
105.

Indeed, scientists agree that every tonne of CO2 emissions adds to global warming

and greenhouse gas emissions must be kept as low as possible. In short, every additional ton of
CO2 emitted into the atmosphere makes the climate change problem worse and places theenvironmental, economic, and existential burdens of climate change on these Youth Plaintiffs
and future generations.
106.

To restore global atmospheric carbon dioxide concentrations to less than 350 ppm

by 2100, stabilize Earth’s energy balance and achieve the Zero Emissions Target, the best
available science requires that the State both (1) reduce gross CO2 emissions 90 to100% from1990 levels by 2045, and (2) sequester excess CO2 already in the atmosphere by maximizing
carbon sequestration capacity.
107.

Emissions reductions and sequestration must be accounted and inventoried

separately so that appropriate standards can be developed for each, consistent with what best
available science dictates is needed to stabilize the climate system.

40

108.

Upon information and belief, Defendants have made no findings orrecommendations as to the amounts of greenhouse gas emission reductions and carbon
sequestration that are actually required to achieve Hawai‘i’s Zero Emissions Target, both ingeneral and specifically with respect to the state transportation system, which is essential toensuring that Hawai‘i is aligning its climate change mitigation policies with what is scientificallynecessary to achieve the target.
B.

Current Levels of Emissions and Heating Directly Harm Youth Plaintiffs and the
Public Trust.

109.

Fifteen years ago, the Legislature found that “climate change poses a serious

threat to the economic well-being, public health, natural resources, and the environment of
Hawai‘i.” 2007 Haw. Sess. Laws Act 234, § 1(a). Eight years ago, the Legislature further foundthat “beach erosion, drought, and rising temperature are already having measurable impacts on
Hawaii and are expected to accelerate in the years to come.” 2014 Haw. Sess. Laws Act 83, § 1.
Earlier this year, the Hawai‘i Supreme Court recognized that global warming “harms present andfuture generations,” and that Hawai‘i is specifically “vulnerable to the ecological damage causedby an unhealthy climate system.” MECO, 150 Hawai‘i at 538 n. 15, 506 P.3d at 202 n.15. The
climate changes from the unprecedented level of warming disproportionately harm children andyouth. Specifically, climate change harms children’s health both directly and indirectly, as
illustrated in Figure 2 (below).

41

Figure 2: Climate Change Risks to Youth from Prenatal through Adolescence.
(Source: Anthony J. McMichael, Globalization, Climate Change, and Human Health, 368 New
Eng. J. Med. 1335, 1339 (2013)).
110.

In December 2015, in response to House Concurrent Resolution No. 108 (2015),

the Hawai‘i Climate Change & Health Working Group issued a report to the 28th Legislature,concluding that “[t]he range of health issues that may increase or be intensified by climate

42

change includes: airborne allergens, potential morbidity and mortality due to wildfires,
temperature extremes, and precipitation extremes, as well as diseases carried by vectors, foodand waterborne disease, along with water and food security issues.” The Working Group also
found that “[c]limate change is projected to increase and exacerbate already-existing publichealth problems, such as acute and chronic diseases, stress and mental health issues, dengue,
other vector and waterborne diseases.”111.

As youth and children, Youth Plaintiffs are inordinately injured by thepsychological (cognitive, emotional, social, and functional) effects of the climate crisis, harming
their psychological health and wellbeing. Experiencing and expecting dangerous climate harms
can be traumatic, with lasting consequences for mental health, especially for developing youth.
Psychological health harms related to climate change include elevated levels of anxiety,depression, post-traumatic stress disorder, increased incidences of suicide, substance abuse,social disruptions like increased violence, and a distressing sense of loss.
112.

Under current greenhouse gas emission rates, children born in 2020 are expected

to face a two to seven-fold increase in overall extreme climate events, such as heat waves,wildfires, crop failures, droughts, and floods, when compared to people born in 1960. An adultborn in 1960 will likely experience between two and six extreme heatwaves in their lifetime,
whereas a child born in 2020 will likely experience between 21 and 39 extreme heatwaves intheir lifetime, a number which will increase the more greenhouse gases are released into theatmosphere. The lifetime exposure disparities between youth, including the Youth Plaintiffs, andpresent generations of adults, are similar across other climate harms.
113.

Climate change induced ocean warming has already reached dire levels. In 2020,

the oceans absorbed 20 sextillion joules of heat due to climate change and warmed to record

43levels. This quantity of warming, 20,000,000,000,000,000,000,000 joules, is equivalent to theamount of energy from 10 Hiroshima atomic bombs being released every second for one year.
114.

Climate-change induced ocean warming has resulted in statewide coral bleaching

events, reducing marine habitat and the coastal protection ecosystem services coral reefs provide
by dissipating wave energy, valued at more than $860 million a year. Bleaching events also
reduce marine habitat for reef fish which Youth Plaintiffs rely on for cultural, environmental,
educational, subsistence, and scientific purposes. A 2011 report by the National Oceanic andAtmospheric Administration (“NOAA”) valued Hawai‘i’s coral reefs at more than $33 billion ayear, accounting for tourism, fishing, cultural benefits, and other factors.
115.

A 2020 report by the State Office of Planning documents that between 2014 and2019, Hawai‘i experienced three unprecedented large-scale coral bleaching events. Sixty percentof coral reefs on the west side of Hawai‘i Island experienced bleaching; 50% of the corals in theregion perished; and some reef areas suffered a 90% mortality rate. According to the 2018
national climate assessment, all of Hawai‘i’s nearshore coral reefs are expected to experienceannual bleaching events by 2050 under current emission levels. The IPCC has indicated that at
1.5°C of warming, 70 to 90% of the world’s coral reefs will be lost; at 2°C, they are likely todisappear entirely. In other words, unless greenhouse gas emissions are significantly reduced inline with best available science and the State’s Zero Emissions Target, Hawai‘i’s coral reefs will
largely disappear within the lifetime of the Youth Plaintiffs.
116.

Climate-change induced oceanic warming also increases the risk that Hawai‘i will

experience more frequent extreme weather events, such as hurricanes and flooding. In 2015, a
record-breaking 15 named storms neared Hawai‘i’s shorelines, and three Category 4 hurricanes
were simultaneously active in the Central Pacific. In April 2018, a storm on Kaua‘i dropped

44

nearly 50 inches of rain in one day, destroying over 30% of homes in the rural Wainiha area andup to 63% of occupied homes in Hanalei, and setting a new U.S. record for 24-hour rainfall. Alsoin 2018, Hurricane Lane dumped over four feet of rain on parts of eastern Hawai‘i after
undergoing “rapid intensification,” a modern phenomenon fueled by warming ocean waters.
Torrential downpours and destructive flash floods in March and December 2021 also damaged
and destroyed dozens of homes and forced the closure of many roads across the state. Scientists
agree that such storms are a result of warming associated with climate change, and children are
increasingly vulnerable to these storms. At the same time, a long-term decrease in annual rainfall
threatens the Youth Plaintiffs with lower stream flows, slower aquifer recharge, and more
wildfires. During 2010, 40% of the island chain experienced severe, extreme, or exceptional
drought conditions, and many of these areas remain under drought conditions today.
117.

As the Legislature has found, sea level rise, caused by the melting of glaciers andice sheets as well as the thermal expansion of the ocean, will cause “displacement of businesses
and residences and the inundation of Hawai‘i’s freshwater aquifers,” 2007 Haw. Sess. Laws Act
234, § 1(a), and “increase coastal flooding and erosion, damaging coastal ecosystems andinfrastructure and affecting agriculture, tourism, military bases, and other industries,” 2014 Haw.
Sess. Laws Act 83, § 1.
118.

Between 1990 and 2018, sea levels in Hawai‘i rose up to 10 inches, and sea levels

in Hawai‘i are rising faster and higher than the global average. The Hawai‘i Climate Change
Mitigation and Adaptation Commission has projected 3.2 feet of sea level rise by the end of the
century. This estimate is conservative and much lower than NOAA’s 2022 sea level rise
projections that include the acceleration of ice melt from Greenland and Antarctica ice sheets andsuggest a range between 2.2 and 4.2 m (7 and 13.8 feet) global mean sea level rise by 2100, and45

lower still than the 9th Circuit Court of Appeals’ acknowledgement that “extreme heat is melting
polar ice caps and may cause sea levels to rise 15 to 30 feet by 2100.” Juliana v. United States,
947 F.3d 1159, 1166 (9th Cir. 2020).
119.

Even using a low sea level rise estimate of 3.2 feet, which should not be relied

upon for planning purposes under the precautionary principle, the Hawai‘i Climate Change and
Mitigation Commission estimates that 38 miles of major roads, 6,500 structures, and 25,800
acres of land across the state will be inundated, with the potential to displace 20,000 people. The
loss of privately owned land and property alone would result in a loss of $19 billion, placing a
tremendous economic burden on Hawai‘i’s children and future generations. Sea level rise would
also expose public infrastructure such as the Daniel K. Inouye International Airport and
Honolulu Harbor to chronic flooding, which puts the island’s primary transportation arteries forpeople and goods at risk.
120.

Shoreline public infrastructure and private properties have already suffereddamage from climate-change induced sea level rise, coastal erosion, and periodic flooding. Many
single-family residences, including the homes of Charlotte, Kanoa, Navahine, and Pahonu, arelocated in coastal areas vulnerable to climate change-induced and -enhanced destruction. In somelocations, the private insurance industry is beginning to exclude flooding and water damage fromapplicable insurance policies, or charge a very high premium for coverage. Three of six
Hawaiian Home Lands on O‘ahu, including Waimānalo where Pahonu lives, are estimated tohave the greatest potential for residents to be displaced by tsunamis, waves, and sea level rise;
Hawaiian Home Land communities on other islands also lie within coastal areas that face thegreatest threat from climate change.

46

121.

Many of the highways and transportation routes critical to accessing parts of

Hawai‘i are experiencing severe flooding due to climate change. As sea level rise and extreme
weather events intensify, some of Hawai‘i’s vulnerable coastal highways will need to be
relocated, or entire communities will be cut off from public transportation corridors. Kalāalready experienced the hardships of limited transportation access after the 2018 rain bomb on
Kaua‘i devastated the North Shore communities of Wainiha, Waipā, and Hanalei, cutting off
land-based access to the rest of the island for weeks. At just 3.2 feet of sea level rise, 15% of all
coastal roads will be threatened with constant erosion and flooding, if not underwatercompletely. The State’s Deputy Director for Highways, Ed Sniffen, has estimated that it would
cost around $15 billion to protect all of Hawai‘i’s threatened highways from sea level rise.
122.

The Legislature has also found that “[c]limate change will have detrimental

effects on some of Hawai‘i’s largest industries, including tourism, agriculture, recreational,
commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary
to meet the demand for air conditioning during the hottest times of the year.” 2007 Haw. Sess.
Laws Act 234, § 1(a). Hawai‘i beaches, one of the state’s most valuable economic and ecologicalassets, are already disappearing; a 2020 report by the State Office of Planning recognized thatseventy percent (70%) of beaches studied on Kaua‘i, O‘ahu, and Maui showed a long-term trendof chronic erosion, with a follow-up study showing 92-96% of Hawai‘i’s beaches will becompletely eroded between 2050 and 2100.
123.

Rising temperatures and changing weather patterns also “threaten biodiversity,”

2018 Haw. Sess. Laws Act 15, § 1, and “increase the risk of extinctions.” 2014 Haw. Sess. Laws
Act 83, § 1. Dramatic population declines have already been observed for the Haleakalāsilversword, native forest birds, and other imperiled species uniquely adapted to Hawai‘i’s

47

historic environment. In 2018, Hurricane Walaka wiped out East Island in Papahānaumokuākea
Marine National Monument, an important habitat for the ‘īlioholoikauaua or Hawaiian monk seal
(Neomonachus schauinslandi) and honu or green sea turtle (Chelonia mydas), and portions of
nearby Tern Island. Coastal erosion and changing weather patterns also threaten sites andpractices of cultural and historical significance. With only 3.2 feet of sea level rise, the State
anticipates the inundation of 550 cultural sites, threatening the traditional lifestyles and culture of
Native Hawaiians.
124.

The decline and disappearance of Hawai‘i’s natural and cultural heritage has

profound mental and spiritual effects on Youth Plaintiffs, particularly Native Hawaiian youth
who wish to pass on cultural traditions in the future. As recognized by the Legislature, “[t]hreats
to the traditional lifestyles of indigenous communities” caused by climate change include“destruction of coastal artifacts and structures and reduced availability of traditional food sources
and subsistence fisheries, which will make it difficult for Pacific Island communities to sustain
their connection with a defined place and their unique set of customs, beliefs, and languages.”2014 Haw. Sess. Laws Act 83, § 1.
C.

Greenhouse Gas Emissions from the Transportation System are Increasing, Rather
than Decreasing toward the Zero Emissions Target.

125.

After decades of legislative direction to address climate change, Hawai‘i’s per

capita greenhouse gas emissions remain higher than 85% of the countries on earth, withemissions from the transportation sector constituting an ever-growing share of total emissions asother sectors of the economy pivot away from fossil fuels.
126.

In enacting policies aimed at removing greenhouse gas emissions from thetransportation sector in 2021, the Legislature found that “the use of fossil fuels is the State’s

48

primary contributor to greenhouse gas emissions,” and “[t]he transportation sector accounts forthe use of over two-thirds of the oil imported to the State.” 2021 Haw. Sess. Laws Act 74, § 1.
127.

Overall, statewide greenhouse gas emissions were only 5% lower in 2017 than in

1990. The Department of Health’s 2017 Hawai‘i Greenhouse Gas Emissions Report (“2017
GHG Report”) shows that statewide emissions decreased from 25.94 million metric tons ofcarbon equivalent gases (MMT CO2eq.) in 1990 to 24.66 MMT CO2eq in 2017, a decrease of
only 1.28 MMT CO2eq over 27 years. In order to meet the Zero Emissions Target, Hawai‘i willneed to reduce its emissions by up to 0.88 MMT CO2eq annually, 19 times faster than it reduced
emissions between 1990 and 2017.
128.

Even more dire for the Youth Plaintiffs, total transportation sector emissions in

Hawai‘i increased between 1990 and 2020, despite improvements in tailpipe emissions
efficiency and other innovations driven by changes in federal policies and regulations.

Figure 3: Hawai‘i CO2 Emissions, 1980-2020.
(Source: Data from U.S. EIA)

49

129.

As stated in the 2017 GHG Report, “[t]ransportation emissions—which increased

between 1990 and 2007, decreased between 2007 and 2010, and then increased again between
2010 and 2017—accounted for the largest share of Energy sector emissions in almost all
inventory years.”

Figure 4: Total Annual CO2 Emissions Compared to Transportation CO2 Emissions.
(Source: Data from U.S. Energy Information Administration (“U.S. EIA”))
130.

Transportation sector carbon dioxide emissions have continued to rise an averageof 0.07 MMT CO2 each year. Transportation is increasing as the dominant source of carbon
dioxide emissions in Hawai’i, from approximately 49% of total carbon dioxide emissions in2008 to approximately 59% in 2018 (a growth rate of approximately 1% each year), as shown in
Figure 4 (above). Consequently, the transportation sector is now the dominant source of all
greenhouse gas emissions in the State, as shown in Figure 5 (below).

50

Figure 5: Share of Total Greenhouse Gas Emissions by Source (2017).
(Source: 2017 GHG Report at 18 (Figure 3-2))
131.

Current levels of fossil fuel consumption, fuel imports, and greenhouse gas

emissions all indicate that the State is failing to achieve its clean transportation goals. Petroleum
use in the transportation sector increased between1990 and 2020, as illustrated in Figure 6(below).

Figure 6: Petroleum Use in Hawai‘i, 1990-2020. (Source: data from U.S. EIA)

51

132.

Greenhouse gas emissions from the transportation sector will continue to increase

under Defendants’ existing transportation policies and practices. According to the 2017 GHG
Report, transportation emissions, largely from the burning of petroleum, are projected to increase
41% between 2020 and 2030, from 6.49 to 9.15 MMT CO2eq. annually, contrary to the projected
decrease of emissions in other sectors.

Figure 7: Projected Statewide CO2eq Emissions Through 2030 (All Sectors vs. Transportation).
(Source: Data from 2017 GHG Report Tables 2-1 and 7-2)
133.

The projected long-term increase in transportation emissions is largely driven by

domestic ground and air transportation emissions, which together account for roughly 85% oftransportation emissions.

52

Figure 8: Share of Transportation Emissions by End-Use (2017).
(Source: 2017 GHG Report at 25 (Figure 3-6))
134.

According to the 2017 GHG Report, aviation emissions in 2017 were 4.10 CO2eq.

accounting for 17% of overall emissions, and 46% of transportation emissions. However, otherstudies estimate that when accounting for flights both into and out of Hawai‘i, emissions arecloser to 18 MMT CO2eq, indicating that the State may be significantly undercounting emissions
from aviation, and thus the transportation sector as a whole.
135.

Hawai‘i’s transportation emissions are driven by continued reliance on fossil

fuels. Petroleum use in both ground transportation and air transportation currently exceeds
petroleum use in the electric power sector, as shown in the following chart:

53

Figure 9: Percent of Total Petroleum Use in Hawai‘i by Sector (2018).
(Source: Hawai‘i State Energy Office, Hawai‘i’s Energy Facts and Figures 4 (Figure 8) (2020))
D.

HDOT Is Exacerbating, Rather Than Mitigating, Greenhouse Gas Emissions.

136.

HDOT establishes, maintains, and operates eleven commercial service airports,

four general aviation airports, ten commercial harbors, and thousands of miles of paved
roadways. As described above, HDOT’s statutory duties include but are not limited to: planningand authorizing construction and maintenance projects, including deciding whether to add new
vehicle lanes to the State’s highways; managing and operating HDOT’s facilities, including theavailability of EV charging and alternative fuels infrastructure; partnering with counties andmetropolitan planning organizations on ground transportation planning, funding, and project
development, including directing federal funds for multimodal programs such as theTransportation Alternatives Program; and managing other federal and state funding sources that
determine the shape and scope of the state transportation system.
137.

HDOT has systematically failed to exercise its statutory and constitutional

authority and duty to implement Hawai‘i’s climate change mitigation goals and to plan for andensure construction and operation of a multimodal, electrified transportation system that reduces54vehicle miles traveled and greenhouse gas emissions, and helps to eliminate Hawai‘i’sdependence on imported fossil fuels.
138.

As a result of HDOT’s conduct, emissions from Hawai‘i’s transportation sectorrose from 8.70 MMT CO2eq. in 2010 to 8.98 MMT CO2eq. in 2017. The State’s 2017 GHG
Report projects emissions will further increase to 9.15 MMT CO2eq. by 2030—in the exact
opposite direction as the Zero Emissions Target and constitutional climate imperatives mandate.

Figure 10: Baseline Greenhouse Gas Emissions (CO2eq) and Projections.
(Source: Data from 2017 GHG Report)
139.

Since at least 2008, multiple state entities, including HDOT, have opined on thenecessary strategies and goals for the State to reduce greenhouse gas emissions from thetransportation sector. In various reports, plans, and policy declarations during this period, thestate entities have identified greenhouse gas reduction targets for the transportation sector, as

55

well as key strategies that are uniformly recognized as necessary to enable and achieve such
reductions. These strategies include but are not limited to:(1) reducing vehicle miles traveled;(2) rapidly electrifying the ground transportation sector and increasing the use ofalternative fuels in the air and marine transportation sectors; and(3) expanding multimodal transportation options.
140.

Since 2008, none of the stated targets, either for overall reductions of greenhousegas emissions from the transportation sector, or for the various key strategies for enabling andachieving these reductions, have been met. As a result, Hawai‘i has lost 14 years of time andopportunity to reduce greenhouse gas emissions from the transportation sector and is now farther
away than ever before from the necessary decarbonization end goals for the state transportation
system.
141.

In 2008, Hawai‘i launched the Hawai‘i Clean Energy Initiative (“HCEI”) in

partnership with the U.S. Department of Energy, to support the State’s goal of meeting 70% of
Hawai‘i’s energy needs using clean, renewable energy sources by 2030, including in thetransportation sector. In 2011, the HCEI published a roadmap identifying strategies to reducetransportation-related emissions 70% by 2030, including:

Reduce ground transportation vehicle miles traveled 4% below 2011 levels by 2020;Bring 40,000 EVs on the road by 2020; andReduce ground transportation petroleum consumption 70% by 2030.

142.

Based on information and belief, and as further discussed below, none of thesestrategies have been met or are on track to being met.

56

143.

In 2011, HDOT published the 2011 Hawai‘i State Transportation Plan (“2011

HSTP”), which is HDOT’s most recent update of the planning document that is required by law
to set forth comprehensive goals and objectives for the state’s air, land, and marine transportation
sectors. See HRS § 279A-2. The 2011 HSTP included among its goals to “[s]upport the State’s
goal of 70% clean energy” and “[c]reate and manage an integrated multimodal transportation
system” by, among other measures: “[e]xpand[ing] the use of alternative fuels and EVs”;“provid[ing] electric recharging at transportation facilities”; and “formulat[ing] a program ofmulti-modal and inter-modal projects, including bicycle and walking options.
144.

Based on information and belief, and as further discussed below, none of thesestrategies have been met or are on track to being met.
145.

In 2015, the Hawai‘i Department of Business, Economic Development andTourism (“DBEDT”) commissioned the Hawai‘i Clean Energy Initiative Transportation Energy
Analysis (“2015 HCEI Analysis”), which found that progress towards the goals set in 2011 had
fallen short.
146.

The 2015 HCEI Analysis recommended that the State institute measures to reduce

the use of petroleum in the transportation sector by 62 to 72 million gallons per year by 2030,
including:

Reduce vehicle miles traveled;Promote car sharing programs;



Expand EV charging infrastructure;

Reduce the use of airplane fuel while planes idle at the gate by providing plug-in
infrastructure at airports; andExpand infrastructure for deployment of alternative fuels at ports and harbors.

57

147.

Based on information and belief, and as further discussed below, none of thesemeasures have been implemented in a manner to achieve the 2030 goal for reducing the use of
petroleum in the transportation sector.
148.

The Hawai‘i State Energy Office (“HSEO”), an attached agency within DBEDT

charged by statute with promoting “energy efficiency, renewable energy, and cleantransportation to help achieve a resilient clean energy economy,” HRS § 196-71, has emphasizedthat “Hawai‘i’s transformation to a clean energy economy requires the integration oftransportation.” In 2018, HSEO published a State Energy Plan setting forth the following
objectives to measure progress towards Hawai‘i’s clean transportation goals:A reduction in annual vehicle miles traveled;An increase in the use of EVs and installation of supporting charging stations;

A decrease in fossil fuel consumption; andA decrease in fossil fuel imports.

149.

Based on information and belief, and as further discussed below, none of theseobjectives have been achieved in a manner consistent with the Zero Emissions Target.
150.

In 2018, the Hawai‘i Climate Change Mitigation and Adaptation Commission“recognized that ground transportation contributes significantly to Hawai‘i’s share of greenhousegas emissions” and recommended the State adopt “mechanisms to reduce overall vehicle miles
traveled as well as converting all remaining vehicle-based ground transportation to renewable,
zero-emission fuels and technologies.”
151.

Based on information and belief, and as described below, none of thesemechanisms have been adopted in a manner consistent with the Zero Emissions Target.

58

152.

In 2021, the Legislature enacted at least two bills emphasizing the urgent need toreduce greenhouse gas emissions from the state transportation system, and directing HDOT totake specific greenhouse gas reduction measures.
153.

The first measure, Act 74, required that HDOT accelerate adoption of EVs bystate agencies, which currently comprise less than 1.3% of total vehicles on roads in the state. In
adopting this measure, the Legislature recognized that “the use of fossil fuels is the State’s
primary contributor to greenhouse gas emissions,” and “[t]he transportation sector accounts forthe use of over two-thirds of the oil imported to the State.” 2021 Haw. Sess. Laws Act 74, § 1.
154.

The Legislature also found that “[EVs] will play an integral role in Hawai‘i’sclean energy future and in meeting the goals set for the State in reducing its greenhouse gas
emissions, particularly as electrical generation in Hawai‘i transitions more completely torenewable energy sources.” Id.
155.

The second measure, Act 131, required that HDOT update its planning andproject implementation processes to better achieve various existing transportation goals,
including meeting the Zero Emissions Target. In adopting this measure, the Legislature foundthat “[m]odernizing ground transportation to support the switch to [EVs] will not only reduce
long-term costs for local commuters, but will also help meet Hawai‘i’s goals to eliminate fossil
fuels in ground transportation and sequester more greenhouse gases than the State emits by
2045.”
156.

The Legislature further emphasized that “[m]erely adding lanes to reduce traffic

does not address Hawai‘i’s most pressing traffic, safety, health, and other issues. In fact, it canoften make them worse.” 2021 Haw. Sess. Laws Act 131, § 1 (emphasis added). As theLegislature found:59

Studies show that the traffic benefits of spending tens of millions of dollars adding
lanes to accommodate more cars are often eliminated in just a few years byadditional cars incentivized to fill that space. Those funds could have had a moresignificant and longer-lasting benefit if they were expended to address otherissues, such as expanding options for people to commute by public transportation,
biking, or walking, especially for those in low-income communities.
Id. (emphasis added).
157.

Consistent with these legislative findings, Act 131 requires that HDOT improve

its planning process and “modernize Hawai‘i’s ground transportation infrastructure” byconsidering many of the same goals identified over the last 14 years, when making projectplanning and funding decisions, i.e.:Reducing vehicle miles traveled;

Decreasing the percentage of single occupancy vehicles in the State’s mode share;Complying with the Hawai‘i Complete Streets policy; andReducing greenhouse gas emissions as necessary to meet the Zero Emissions
Target.

Id., § 2.
158.

Upon information and belief, HDOT has consistently failed to meet the goals andimplement the strategies and measures detailed above and has instead continued its pattern andpractice of establishing, maintaining, and operating traditional infrastructure projects such as
highway construction and expansion, which increase vehicle miles traveled in single occupancy
vehicles and support and promote the use of fossil fuels in the marine, air, and groundtransportation sectors.
159.

As further detailed below, HDOT’s pattern and practice of not cooperating andcoordinating with other agencies to implement Hawai‘i’s climate change mitigation goals, lackof coherent and consistent planning to ensure Hawai‘i’s transportation system meets the State’s
climate change mitigation needs, failure to implement plans and policies designed to reduce60transportation emissions, custom of authorizing transportation projects that result in high levelsof greenhouse emissions, and consistent lack of planning, budgeting, and funding to support
vehicle electrification, multimodal travel, and the use of alternative fuels, has led to an increasein petroleum use and vehicle miles traveled between 2007 and 2017, as shown in the graphs
below.

Figure 11: Change in Vehicle Miles Traveled

Figure 12: Ground Transportation Petroleum
Consumption
Source: John Larsen et al., Rhodium Group, Transcending Oil: Hawai‘i’s Path to a Clean
Energy Economy 15, 17 (Figures 2.6 & 2.11) (Apr. 2018)
160.

Among other conduct contributing to an increase in vehicle miles traveled,vehicle lanes in Hawai‘i have been added at a rate of 31 new miles each year since 2000, as
illustrated in Figure 13 (below). Adding new lanes does not alleviate traffic or reduce greenhousegas emissions from transportation. Rather, it proportionally increases vehicle miles traveled,increasing vehicle emissions and exacerbating climate change. If this trend continues, anadditional 20.25 MMT CO2eq will be added to the atmosphere between 2021 and 2050, moving
Hawai‘i even further away from achieving the Zero Emissions Target.

61

Figure 13. Total Lane Miles Added (Blue) and Total Vehicle Miles Traveled (Red) since 1990.
161.

Because of the direct correlation between highway miles, vehicles miles traveled,and greenhouse gases, the additional 980 miles of lane constructed between 1991 and 2017 havecontributed an additional 32.8 billion VMT and 13 MMT of CO2eq. to Hawai‘i’s greenhouse gas
emissions load.
162.

Upon information and belief, HDOT does not have any plans or benchmarks inplace to measure progress towards limiting new highway construction, or otherwise reducing
statewide vehicle miles traveled, as required to meet the Zero Emissions Target.
163.

HDOT has also not reduced barriers to EV adoption and electrification oftransportation as necessary to achieve the Zero Emissions Target. For example, because of the
10- to 15-year lifespan of passenger vehicles, EVs should make up 95 percent of all new vehicle
sales by 2030, for EVs to comprise 100 percent of on-road vehicles by 2045. However, as ofDecember 2020, there were only 13,423 EVs registered in the State: approximately 1.3 percent

62

of the total 1,054,355 passenger vehicles on the road, and far short of the 2011 HCEI goal tohave 40,000 EVs on the road by 2020.
164.

Increasing the number of EVs on the road requires a major and unprecedented

expansion of EV charging infrastructure. The HSEO recently recognized that “the lack ofplanning and deployment of infrastructure charging will become a constraint on rapid
conversion” to zero emission vehicles in Hawai‘i. In particular, lack of public charging
infrastructure can disincentivize EV adoption by both individual consumers and fleet operators
who may lack access to private charging stations in their home or workplace.
165.

Upon information and belief, HDOT does not have any plans in place to ensure

the state transportation system has the public charging infrastructure in place to accommodate
wide-spread electrification of transportation, including the infrastructure necessary to charge
heavy duty vehicles, marine vessels, and aircraft that use the state’s airport and harbors. In fact,
Hawai‘i currently has the second lowest number of charging ports per EV in the country.
166.

HDOT has also not built the infrastructure necessary to support multimodal travel

and reduce barriers to public transit, walking, and cycling that exist across the state. Amongother acts and omissions, HDOT has not funded and implemented the Statewide Pedestrian
Master Plan, prepared in 2013. Likewise, HDOT has not made any significant progress towards
implementing the Statewide Bike Plan Hawai‘i, prepared in 2003.
167.

In planning for and budgeting for construction and maintenance projects, HDOT

regularly fails to set forth any findings related to the practicability and feasibility of including
projects features and infrastructure that support walking, biking, and interconnection with public
transit, as required by the Hawai‘i Complete Streets Policy. HDOT also regularly fails to solicit
input from the public in order to better serve the diversified transportation needs and interests of63

individual communities. As a result, HDOT continues to plan and budget for traditional roadmaintenance and new road construction projects—such as roads with wide lanes, roads without
sidewalks or crosswalks, roadways that fail to realize carbon sequestration potential, and roads
with poor local street connectivity—that increase vehicle miles traveled and perpetuate the use offossil fueled vehicles.
168.

Upon information and belief, to the extent HDOT does plan and budget for

multimodal transportation options (such as pedestrian and bikeway features) in its regularhighway construction and maintenance projects, these features are often eliminated during theconstruction phase.
169.

HDOT also has not collaborated and coordinated with other governmental entities

charged with achieving the Zero Emissions Target. Among other acts and omissions, HDOT has
not convened the Sustainable Transportation Forum since February 15, 2018. The purpose of theforum was to help “identify a framework for the State to achieve the 2045 goal of 100% clean
energy and the counties to achieve their 2045 goal of 100% clean ground transportation.”
170.

Upon information and belief, this statewide framework for advancing clean

ground transportation options and reducing greenhouse gas emission from the transportation
sector does not exist, and HDOT does not have any plans to reconvene the Sustainable
Transportation Forum, or any other forum for developing plans, benchmarks, and actions for
reducing ground transportation emissions and meeting the Zero Emissions Target.
171.

In response to a public records request, HDOT identified only five “highway

plans and actions” it has taken since 2011 to address greenhouse gas emissions: (1)implementing an internet broadband pilot program to increase opportunities for rural commuters
to work from home; (2) administering the federally funded Transportation Alternatives Program64

which to date has awarded $5 million (approximately 0.0036% of HDOT’s Total 2021 operating
budget) for third-party, multimodal projects; (3) securing a vendor to assist state and county
agencies with procuring and ordering EVs; (4) adopting SmartTRAC, a program that assesses
how well transportation projects address state priorities relative to the requested funding; and (5)conducting a 2019 test of a sustainable concrete mix designed to reduce the carbon footprint ofroad construction. These five actions are wholly inadequate to reduce emissions from the groundtransportation sector and meet the Zero Emissions Target.
172.

Upon information and belief, Defendants have not made any progress toward

expanding the use of alternative fuels in the air and marine transportation sectors, or reducing theuse of fossil fuels at airports and harbors. In fact, in response to a request for public records,
HDOT claimed that the agency is not required to address greenhouse gas emissions fromcommercial harbor users and did not identify any other plans or actions designed to address
greenhouse gas emissions from commercial harbors under its control. As described above,
HDOT has ample authority for expanding alternative fuels infrastructure at airports and harbors
under its control, including electrification options, which would significantly reduce greenhousegas emissions from the marine and air transportation sectors.
173.

Upon information and belief, HDOT does not have any plans in place to improvethe efficiency of transportation system operations and to reduce greenhouse gas emissions frommaterial production, construction, and maintenance of the transportation system, nor has HDOT
pursued such a planning process.
174.

Upon information and belief, HDOT does not have any plan in place to protect,maintain, and increase greenhouse gas sequestration that is taking place on property it controls.
Among other acts and omissions, HDOT does not have any plans in place to replace urban trees

65on state property it controls that have come to the end of their natural lifespan, even though there
is a large potential for greenhouse gas storage and sequestration available in urban forests andgreen spaces. According to the 2017 GHG Report, urban trees make up 23% of total greenhousegas sinks in Hawai‘i, and thus plans and actions to maintain this sequestration capacity isessential to achieving the Zero Emissions Target.
175.

Based on Hawai‘i’s current and projected greenhouse gas emissions and the

deficiencies described herein, the state transportation system, as planned, budgeted,
implemented, and constructed results in greenhouse gas emissions that are contrary to achieving
the Zero Emissions Target, and in violation of Defendants’ duties and Youth Plaintiffs’ rights
under the Hawai‘i Constitution.
176.

A clear declaration from this Court that HDOT is violating its constitutional

obligations and Youth Plaintiffs’ rights is timely because HDOT is currently in the process of
updating the 2011 HSTP, which will govern transportation projects for the next 10 years.
177.

Furthermore, the Infrastructure Investment and Jobs Act, H.R.3684, recently

passed by the United States Congress and signed by President Biden, channels over 1.746 billion
dollars in federal funds to HDOT for transportation related projects.
178.

Without an order from this Court, HDOT will continue its long-running pattern

and practice of establishing, maintaining, and operating the state transportation system inviolation of state climate change mitigation goals and needs, increasing rather than reducing andeliminating fossil fuel reliance and greenhouse gas emissions, failing to coordinate with otherrelevant transportation entities to plan and implement greenhouse gas reduction measures, andspending state and federal funds to build additional highway miles and traditional infrastructure
projects that increase greenhouse gas emissions, thereby reducing the funds that are available to66transform the state transportation system into a modern, electrified, multimodal system asnecessary to meet the Zero Emissions Target and protect the public trust and Youth Plaintiffs’
constitutional rights.
FIRST CLAIM FOR RELIEF(Breach of Article XI, Section 1 Against All Defendants)
179.

Youth Plaintiffs reallege and incorporate by reference the allegations in theproceeding paragraphs.
180.

Defendants have breached their duties as trustees under article XI, section 1 of the

Hawai‘i Constitution to preserve, protect, and maintain public trust resources for present andfuture generations, by establishing, maintaining, and operating a state transportation system that
results in high levels of greenhouse gas emissions and exacerbates Earth’s energy imbalance,
resulting in grave and existential harms to public trust resources, including the climate system
and all other natural resources affected by climate change.
181.

Defendants have long been aware that Hawai‘i’s public trust resources are being

threatened and harmed by the emission of climate-change inducing greenhouse gases, and thatmitigating, avoiding, and reversing that harm requires swift and 1 decarbonization of the statetransportation system. Nonetheless, Defendants have not developed and implemented any
affirmative findings or plans addressing these harms of the state transportation system to publictrust resources, and alternative options to mitigate and avoid this harm by reducing transportation
related greenhouse gas emissions. Defendants lack any constitutionally valid justification for
their practices.
182.

Contrary to the best available science and the imperatives of the constitutional

public trust, Defendants continue to establish, maintain, and operate traditional infrastructure67

projects that preserve and promote the use of fossil fuels in the air, marine, and groundtransportation sectors.
183.

Defendants have not planned, funded, or implemented necessary, recognized, andenvironmentally and economically beneficial alternatives for reducing transportation related
greenhouse gas emissions, including but not limited to measures to reduce vehicle miles traveled,electrify transportation and transportation facilities, increase the use of alternative fuels in the
ground, air, and marine transportation sectors, and expand multimodal transportation options
such as public transit, pedestrian pathways, and bikeways.
184.

An actual controversy exists between Youth Plaintiffs and Defendants concerning

Defendants’ establishment, maintenance, and operation of a transportation system that violates
its constitutional public trust obligations.
SECOND CLAIM FOR RELIEF(Breach of Article XI, Section 9 Against All Defendants)
185.

Youth Plaintiffs reallege and incorporate by reference the allegations in thepreceding paragraphs.
186.

The right to a clean and healthful environment is a substantive right guaranteed by

the Hawai‘i Constitution and is defined by laws relating to environmental quality, including an
extensive and growing body of laws seeking to reduce Hawai‘i’s greenhouse gas emissions andcurb the catastrophic effects of anthropogenic climate change. These laws require the use of best
available science and collectively define and establish a constitutional right to a life-sustaining
climate system.
187.

Defendants have impaired and infringed upon Youth Plaintiffs’ right to a clean

and healthful environment, including the right to a life-sustaining climate system, by
establishing, maintaining, and operating a transportation system that results in high levels of68greenhouse gas pollution and exacerbates Earth’s energy imbalance at odds with the Zero
Emissions Target, HRS § 225P-5, and other laws mandating HDOT to reduce greenhouse gas
pollution from transportation and decarbonize the transportation sector. See, e.g., id. § 225P-7;
id. §§ 226-4, -17, -18; id. §§ 264-142, -143; id. § 196-9(c)(6), (10).
188.

An actual controversy exists between Youth Plaintiffs and Defendants concerning

Defendants’ constitutional obligation not to impair Youth Plaintiffs’ right to a clean andhealthful environment.
REQUEST FOR RELIEF
Wherefore, Plaintiffs ask for the following relief:A.

For a declaratory order that:

1.

Defendants have a constitutional public trust obligation under article XI, section 1of the Hawai‘i Constitution to protect and conserve the climate system and atmosphere, and all
natural resources affected by climate change, for the benefit of present and future generations; and2.

Defendants have violated article XI, section 1 of the Hawai‘i Constitution by

establishing, maintaining, and operating a state transportation system that fails to preserve,
protect, and maintain Hawai‘i’s public trust resources;
3.

The right to a clean and healthful environment under article XI, section 9 of the

Hawai‘i Constitution encompasses the right to a life-sustaining climate system;
4.

Defendants have violated article XI, section 9 of the Hawai‘i Constitution by

establishing, maintaining, and operating a state transportation system that infringes upon Youth
Plaintiffs’ constitutional rights to life-sustaining climate system, as defined by the extensive andgrowing body of laws mandating Defendants to reduce greenhouse gas pollution fromtransportation and decarbonize the transportation sector, including but not limited to the Zero
Emission Target based on best available science;69

B.

For appropriate and necessary injunctive relief, including but not limited to:5.

Ordering Defendants to cease establishing, maintaining, and operating the statetransportation system in a manner that breaches Defendants’ mandatory duty under theconstitutional public trust doctrine, fails to align with the Zero Emissions Target and otherclimate mitigation mandates, and infringes upon Youth Plaintiffs’ constitutional right to a clean
and healthful environment;
6.

Compelling Defendants to take concrete action steps under prescribed deadlines

to conform the state transportation system with Defendants’ constitutional duties and Youth
Plaintiffs’ constitutional rights; and7.

Exercising continuing jurisdiction and oversight as necessary, including theappointment of a special master to oversee and report to the Court on Defendants’ complianceand progress.
C.

And:

8.

For Plaintiffs’ fees and costs as authorized by law and/or equity;

9.

For such other and further relief as the Court may deem just and proper.

DATED: Honolulu, Hawai‘i, June 1, 2022.
Respectfully submitted,/s/ Leinā‘ala L. Ley
ISAAC H. MORIWAKELEINĀ‘ALA L. LEY
EARTHJUSTICE
Attorneys for Plaintiffs_____________________________ANDREA RODGERSOUR CHILDREN’S TRUST_____________________________KIMBERLY WILLISOUR CHILDREN’S TRUST
Attorneys for Plaintiffs

70

STATE OF HAWAI‘ICIRCUIT COURT OF THE
FIRST CIRCUITSUMMONSCASE NUMBER

TO ANSWER CIVIL COMPLAINT

PLAINTIFF

VS.

NAVAHINE F. et al. (SEE ATTACHED)

DEFENDANT(S)DEPARTMENT OF TRANSPORTATION, State of Hawaii;
JADE BUTAY, in his official capacity as Director of the
Department of Transportation, State of Hawaii; GOVERNORDAVID IGE; and STATE OF HAWAI‘I

PLAINTIFF’S NAME & ADDRESS, TEL. NO.

ISAAC H. MORIWAKE
LEIN‘ALA L. LEY
EARTHJUSTICE
850 Richards Street, Suite 400
Honolulu, Hawai‘i 96813
Telephone No.: (808) 599-2438

TO THE ABOVE-NAMED DEFENDANT(S)You are hereby summoned and required to file with the court and serve upon
ISAAC H. MORIWAKE AND LEIN‘ALA L. LEY
EARTHJUSTICE_______________________________________________________________________________________________ ,plaintiff’s attorney, whose address is stated above, an answer to the complaint which is herewith served upon you, within
20 days after service of this summons upon you, exclusive of the date of service. If you fail to do so, judgment by default
will be taken against you for the relief demanded in the complaint.
THIS SUMMONS SHALL NOT BE PERSONALLY DELIVERED BETWEEN 10:00 P.M. AND 6:00 A.M. ON
PREMISES NOT OPEN TO THE GENERAL PUBLIC, UNLESS A JUDGE OF THE ABOVE-ENTITLED
COURT PERMITS, IN WRITING ON THIS SUMMONS, PERSONAL DELIVERY DURING THOSE HOURS.
A FAILURE TO OBEY THIS SUMMONS MAY RESULT IN AN ENTRY OF DEFAULT AND DEFAULTJUDGMENT AGAINST THE DISOBEYING PERSON OR PARTY.

The original document is filed in the
Judiciary’s electronic case management
system which is accessible via eCourt Kokua
at: http:/www.courts.state.hi.us

Effective Date of 28-Oct-2019
Signed by: /s/ Patsy Nakamoto
Clerk, 1st Circuit, State of Hawai‘i

In accordance with the Americans with Disabilities Act, and other applicable state and federal laws, if you require a
reasonable accommodation for a disability, please contact the ADA Coordinator at the Circuit Court Administration Office on
OAHU- Phone No. 808-539-4400, TTY 808-539-4853, FAX 539-4402, at least ten (10) working days prior to your hearing or
appointment date.

Form 1C-P-787 (1CCT) (10/19)
Summons to Complaint
RG-AC-508 (10/19)

ATTACHMENT TO SUMMONSNAVAHINE F., a Minor, by and through her natural guardian; KAʻŌNOHI P.-G., a Minor, by
and through his natural guardian; KAWAHINEʻILIKEA N., a Minor by and through her natural
guardian; MESINA D.-R., a Minor, by and through her natural guardian; KAWENA F., a Minorby and through her natural guardians; TYLER L., a Minor, by and through her natural guardian;
RYLEE K., a Minor, by and through her natural guardian; KALIKO T., a Minor by and throughher natural guardian; CHARLOTTE M., a Minor, by and through her natural guardian; TALIYA
N., a Minor by and through her natural guardian; KANOA V.-B., a Minor, by and through hisnatural guardian; KALĀ W.; PAHONU C., a Minor by and through his natural guardian; andBRIANNA K., a Minor by and through her natural guardian,
Plaintiffs.