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First hearing held in youth lawsuit against DOT over transportation pollution

The Maui News

Fourteen youth plaintiffs, including three from Maui County, who filed a lawsuit against the state Department of Transportation over its response to climate change, appeared in First Circuit Environmental Court in Honolulu on Thursday for their first hearing in the case.

The youth and their attorneys in Navahine F. v. Hawaii Department of Transportation came before Judge Jeffrey Crabtree to argue why the case should be permitted to move forward.

More than 100 supporters of the youth plaintiffs packed the courtroom and a nearby overflow room, while nearly 150 more watched online via Zoom, according to Earthjustice, which is serving as co-counsel for the youth along with Our Children’s Trust. Supporters in Honolulu joined the youth plaintiffs at a post-hearing news conference in front of the courthouse.

The constitutional climate lawsuit claims that the state’s transportation system and resulting greenhouse gas pollution are harming the environment and violating the youth’s state constitutional rights to “live healthful lives.” The plaintiffs and their attorney say DOT has been missing its benchmarks to reduce overall greenhouse gas emissions, and they’re pushing to make sure the department meets the state’s goal of decarbonizing Hawaii’s transportation sector and achieving a zero-emissions economy by 2045.

Kala, whose last name like other youth plaintiffs has been withheld for privacy reasons, said in a news release Thursday that “we are here today to hold the state government accountable for their errors.”

“The state has known for a very long time about the realities of the climate crisis,” Kala said. “We have seen governors give speeches. We have not yet seen action from the executive branch. We need action. Specifically, we need the department of transportation to reverse course and implement clean transportation right now.”

A DOT spokesperson previously said that they have been advised not to comment on pending litigation.

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