Document Type
Expert Report or Declaration
Publication Date
2024
Abstract
From a historical and sociological legal perspective, children in America, including in Hawai'i, require extraordinary legal protection from the harm of climate change and the government actions causing them harm. Hawai'i has a long history and tradition of leading the way on broadening rights and protections under state law, particularly for children. The principles of intergenerational justice and equity at the heart of the public trust doctrine in Hawai'i similarly require that courts accord special attention and protection for children.
On June 20, 2024, the youth-powered Navahine case settled, resulting in the first constitutional climate settlement of its kind in the world.
Recommended Citation
Catherine Smith, Amended Expert Disclosure Report, Navahine v. Dept. of Transportation, State of Hawai’i, Haw. Cir. Ct. 1st Cir. No. 1CCV-22-0000631 (filed Jan. 26, 2024).
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Civil Rights and Discrimination Commons, Courts Commons, Environmental Law Commons, Family Law Commons, Juvenile Law Commons, Litigation Commons