COURT DECISION ALLOWS ACT 96 GREEN FEE TO TAKE FULL EFFECT ON JANUARY 1

News Release from Department of the Attorney General, 2025-102, Dec. 23, 2025

HONOLULU –The Department of the Attorney General is very pleased with the United States District Court for the District of Hawaiʻi’s order dismissing the majority of the claims challenging Act 96 of 2025 and denying plaintiff’s motion for a preliminary injunction. As a result, the Green Fee will go into full effect on January 1, 2026, as provided by law.

(REALITY:  The AG isn't telling you this, but the plaintiffs immediately filed an appeal to the 9th Circuit.  They also filed a motion for a stay pending appeal. Case# 1:2025cv00367)

Act 96 of 2025 establishes the Green Fee, which requires, in-part, cruise operators to pay their fair share of transient accommodation tax to address the threats of climate change to our state. 

“We must protect and preserve Hawaiʻi’s natural resources and safeguard the health of our residents. Visitors who benefit from our island’s resources have a shared responsibility to help preserve them. The Green Fee ensures that the resources needed to protect Hawaiʻi are available for future generations,” said Governor Josh Green. 

“The Department of the Attorney General is very pleased with today’s decision. The vast majority of the cruise industry’s claims were dismissed,” said Attorney General Anne Lopez. “While the litigation is not over, we are confident in the legality of this law and will continue to vigorously defend it on behalf of the people of Hawaiʻi.”

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COVERAGE:

E&E: Court gives green light to Hawaii’s climate tax on cruise ships - E&E News by POLITICO

AP: US judge's ruling clears way for Hawaii's climate change tax on cruises | AP News

KHON: Court decision allows Green Fee to take full effect