The Hawaii Supreme Court has ruled that there is a right to a “life-sustaining climate system.” This is the first time a U.S. court has ruled that citizens have climate rights, and we can be sure now that this precedence is set, more will flow. The case involved a dispute between Hu Honua Bioenergy against the Public Utilities Commission (PUC), which regulates all utility companies operating within Hawaii, as the PUC had denied the plaintiff’s move to enter into a power purchasing agreement with another provider. According to Eddins, J, PUC had considered people’s right to a clean and healthy environment, in the context of a climate emergency and the alleged need to reduce carbon dioxide levels.
Now I am not an expert on Hawaii’s law, or any law for that matter, but surely a case like this could be decided without evoking some comprehensive right to a life-sustaining climate; perhaps there were violations of environmental laws concerning emissions, and the case could have been decided on this? Something less radical and leftist?