Catherine Smith Publishes Article in the Seattle University Law Review The article presents expert analysis Professor Smith provided for the plaintiffs in a landmark case involving the environment and children's rights.

By Law Communications
August 13, 2025

Washington and Lee law professor Catherine Smith has published an article in the Seattle University Law Review. The article, “Navahine v. Hawai’i Dept. of Transportation: The Keiki Will Lead Us,” is a presentation of expert analysis Professor Smith provided for the plaintiffs is a case where thirteen Hawaiian youth sued their state and the Department of Transportation, claiming that the operation of the state’s transportation system produced high levels of greenhouse gas emissions in violation of their state constitutional right to “live healthful lives in Hawaii now and into the future.”

In her report, Professor Smith analyzes the landmark case Navahine v. Hawaii Department of Transportation, which culminated in the world’s first constitutional climate settlement in June 2024. Professor Smith situates the case within Hawaii’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaii’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaii’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. Ultimately, Professor Smith argues for centering children’s rights to ensure meaningful legal responses to climate change.

The article is available online at the W&L Law Scholarly Commons.