How Hawai‘i Was Sold Out: Mainland Lawyers, Local Leaders, and the People Left Behind

by Ron Skates

A State Already Struggling

Hawai‘i families are already crushed under the weight of rent, food, and fuel costs. Many are juggling multiple jobs just to survive. Yet while residents were fighting to stay afloat, their government was quietly cutting a deal in court—turning policy over to mainland activist lawyers and unelected insiders for the next two decades.

“You can’t save tomorrow if people can’t survive today.”

The Kids’ Lawsuit That Wasn’t About Kids

In 2022, thirteen young plaintiffs sued the state, claiming Hawai‘i’s transportation system violated their constitutional right to a “clean and healthful environment.”

The headlines were heartwarming: children fighting for their future. But the lawsuit wasn’t their idea. It was written, coached, and promoted by Our Children’s Trust (Oregon) and Earthjustice (California)—national law firms specializing in climate lawsuits .

The children were the face. The mainland lawyers pulled the strings.

The Accusations of Harm

The case didn’t rest on physical evidence. No damaged property. No medical records. No economic loss.

Instead, plaintiffs claimed:

• Climate anxiety
• Fear of cultural loss
• Projected future harm from storms and fires

These were backed only by climate models and peer-reviewed reports—predictions, not proof.

The Collapse of Resistance

This was Hawai‘i’s chance to defend itself. Instead:

• Governor Josh Green signed off,
• DOT Director Ed Sniffen agreed,
• Attorney General’s office didn’t challenge,
• Democratic-appointed courts let speculative claims stand.

There was no trial. No public debate. No legislative input. The people were cut out entirely .

“This wasn’t democracy. It was surrender.”

The Settlement: 20 Years of Control

The deal locked Hawai‘i into a new system until 2045:

• A Climate Mitigation Unit inside HDOT, with sweeping oversight.
• A Youth Advisory Council including lawsuit plaintiffs.
• Binding mandates for net-zero transport emissions by 2045.
• Court oversight ensuring future governments can’t change course .

Unrealistic Demands, Crushing Costs

The state is now legally bound to:

• Eliminate vehicle, ferry, and inter-island flight emissions by 2045,
• Produce a GHG reduction plan by 2025,
• Build infrastructure to support it.

But reality says otherwise:

• EVs are unaffordable for most families,
• Shipping companies refuse to transport EVs/hybrids due to fire risks,
• Charging stations are scarce on neighbor islands .

“It’s a future built on fantasy—and paid for by families barely surviving today.”

The Green Fee: A Tax in Disguise

To fund it, Green introduced the “Green Fee”:

• Lodging tax raised to 11%,
• New cruise ship surcharge,
• $80–100 million a year expected .

Sold as climate resilience, the money goes into the general fund—controlled by the governor’s appointees. Contracts, salaries, and pet projects can now be fueled by this revenue stream.

Who Sits on the Green Fee Advisory Council

Appointed in 2025 to guide this $100M annual pot:

• Jeff Mikulina – Exec. Director, Climate Hawai‘i
• Eric Co – CEO, Castle Foundation
• Lea Hong – Trust for Public Land
• Dennis Hwang – UH Sea Grant
• Janice Ikeda – Vibrant Hawai‘i
• Michelle Kaʻuhane – Hawai‘i Community Foundation
• Dr. Jack Kittinger – Conservation Scientist
• Keoni Kuoha – Maui cultural leader
• Carmela Resuma – Destination Stewardship Director
• Jeff Wagoner – CEO, Outrigger Hospitality

Unelected, but empowered to guide millions every year.

No Transparency. No Consent.

• No hearings.
• No legislative vote.
• No referendum.

Courts should have blocked the settlement for handing policymaking to outsiders. Instead, they blessed it.

“Hawai‘i didn’t lose a lawsuit. It lost its democracy.”

Who Wins, Who Loses

Winners

• Earthjustice & OCT (fundraising & prestige)                            
• Gov. Green & Democratic allies (locked power)
• Consultants & contractors (projects, contracts)

Losers

• Families choosing between food & rent 
• Small businesses & tourism workers
• Rural residents left with no EV access

The Bottom Line

This was not climate justice. It was not about protecting Hawai‘i’s people.  It was a power grab.

• Outsiders writing state policy,
• Courts enforcing speculation as law,
• Politicians creating hidden taxes to fund their allies.

For the next 20 years, Hawai‘i’s future won’t be decided at the ballot box. It will be decided in backrooms—by people who don’t answer to the voters footing the bill.

Last day to comment on Navahine settlement, Aug 31, 2025 ... LINK.

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Ron Skates is an investigative writer, technologist, and community builder who blends global perspective with Hawaiian roots. Educated at Brent International School, Hawai‘i Preparatory Academy, Hawai‘i Pacific College, and the Burklyn Business School for Entrepreneurs, he founded ventures like Memory Lane Computers and the Capitol BBS — one of the first systems to make Hawai‘i legislation accessible online. Independent of both parties, Ron is committed to facts over spin. He also spearheaded the Kahaluʻu “Field of Dreams” with the support of the Seabees, inspiring the regional park, and was the first disc jockey at Waikīkī’s Point After Nightclub, helping shape island culture.

Sources

Earthjustice – Historic Agreement Settles Hawai‘i Youth-Led Constitutional Climate Complaint (2024)
UCC Case Law Database – Navahine v. Hawai‘i DOT (2024)
Climate Case Chart – Case summary Navahine f. v. HDOT
Climate Rights Database – Navahine v. HDOT case detail
Governor of Hawai‘i – Official press release, June 2024
National Law Review – Hawai‘i DOT Settles Youth Climate Case (2024)
Our Children’s Trust – Settlement Summary (2024)
Climate Case Chart – Settlement Agreement PDF (2024)
Hawai‘i Public Radio – New Leaders at Honolulu Climate Office (Dec 2024)
Honolulu Star-Advertiser – Shippers refuse EV transport due to fire risks (Apr 2024)
Associated Press – Hawai‘i Imposes Climate Tax on Tourists (2025)
Civil Beat – Governor Agnostic on Spending of Green Fee (2025)
Spectrum Local News – Climate Advisory Appointees Named (2025)
Governor of Hawai‘i – Green Fee Advisory Council Appointment Release (2025)