BLNR may have issued the CDUP, but the sublease for the use of the land on MK is pending
Aloha all, couple things.
We must remember that the BLNR may have issued the CDUP, but the sublease for the use of the land on MK is pending and awaiting trial before the Supreme Court. Remember Kalani's case that is being handled by Native Hawaiian Legal Corporation? That case is about the question of whether a Contested Case Hearing on Sublease on Mauna Kea should be allowed or not.
BLNR denied Kalani's original request and so NHLC took it to court and Judge Nakakamura of the 3rd Circuit citing Mauna Kea Anaina Hou et al., case said they should have granted Kalani's request for CCH and them basically suspended the consent to move on the lease. The State is bringing suit before the Supreme Court to overturn Nakamura's decision holding the position that Kalani and others are not entitled to CCH's on any sublease. What this all means is that because they don't have a sublease or permission to take action on the land they technically they cannot move anything like Bulldozers on the land. This is important to know and consider.
With regards to our current CCH, the BLNR did approve the permit request and they said they can't issue a stay (which I don't believe is true) both legally and or morally-I mean after all shouldn't the TMT and scientists supporting the project also want to know if they are in compliance with the law--they can't know that until the court hears our case? A CCH is still only quasi-judicial administrative process and the law says that if BLNR makes a decision adverse to any party (including even the UH) that the parties may request the court to review the agencies decision(s). This means we have a right to have a court determine the legal questions -so until the court says yes or no that the permit is good on the law or not good -then everything should stop even if there is no stay in place--of course the UH/TMT/State of HI doesn't agree.
Nevertheless, we will be filing our notice and appeal including asking for a stay of execution. BLNR not filing a stay as a condition of the permit shows contempt for the people and the law--BUT then again they DON'T have a SUBLEASE OR PERMISSION TO MOVE ANYTHING ON THE LAND EITHER!!!
Also regarding Sam Gon's post below-although we CANNOT TALK or ANSWER him since he is a BLNR Board member--because that would be EX PARTE COMMUNICATION WITH A DECISION MAKER -then I am uncertain what he would want to talk with us about --further, he did vote to approve the TMT project --not once but twice now. So what can he say at this point? Sorry?I guess, but after all that everyone has been through is sorry even really appropriate?
What is important here however, sorry or not is that we continue to stand for truth and justice and in the Kapu Aloha!!! We remember Aloha and truth combined means that the people and the Akua are moving together as one.
We pray for Akua to abide with us all and that all things righteous will be fulfilled.
Aloha Ke Akua, Na Akua a me Na Aumakua