Court Decision Allows Act 96 (Green Fee) To Take Full Effect on January 1
The following press release was issued by the Office of the Attorney General outlining the latest decisions of the United States District Court for the District of Hawaiʻi’s order related to Act 96’s implementation. The full court opinion is available here.
STATE OF HAWAIʻI
KA MOKU ʻĀINA O HAWAIʻI
JOSH GREEN, M.D. GOVERNOR
KE KIAʻĀINA
DEPARTMENT OF THE ATTORNEY GENERAL
KA ʻOIHANA O KA LOIO KUHINA
ANNE LOPEZ
ATTORNEY GENERAL
COURT DECISION ALLOWS ACT 96 GREEN FEE TO TAKE FULL EFFECT ON JANUARY 1
News Release 2025-102
FOR IMMEDIATE RELEASE 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.
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.”
# # #
Media contacts: Dave Day
Special Assistant to the Attorney General
Office: 808-586-1284
Email: david.d.day@hawaii.gov
Toni Schwartz
Public Information Officer Hawai‘i Department of the Attorney General
Office: 808-586-1252
Cell: 808-379-9249
Email: Toni.E.Schwartz@hawaii.gov
Web: http://ag.hawaii.gov
