Lā 253: Opponents to TMT crew: Get stuff off Mauna Kea

By Jennifer Sinco Kelleher Associated Press Posted December 03, 2015 ASSOCIATED PRESS

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The Hawaii Supreme Court on Wednesday invalidated a permit awarded for the construction of one of the world’s largest telescopes on a Big Island mountain many Native Hawaiians consider sacred. Kupono Mele-Ana-Kekua ofKaaawa blew a conch shell Aug. 31 near Mauna Kea’s summit. Mele-Ana-Kekua had been camping on the mountain in protest of the Thirty Meter Telescope.

Opponents of the Thirty Meter Telescope want construction equipment and vehicles removed from Mauna Kea now that the Hawaii Supreme Court has invalidated the project’s permit.

In a Wednesday ruling seen as a victory for opponents fighting the $1.4 billion project, the court said the state Board of Land and Natural Resources approved a permit that allowed construction on conservation land before a contested case hearing was held. The court sent the matter back for a new contested case hearing.

“They have no permit. It’s been vacated,” said Kealoha Pisciotta, one of the plaintiffs in the lawsuit challenging the permit. “They absolutely, immediately have to remove all their stuff.”

But the state attorney general’s office said Thursday the equipment can remain because the project has a sublease with the University of Hawaii for a portion of the Big Island mountain. “As long as TMT does not engage in activities that constitute a land use in the conservation district, TMT would not require a permit or be subject to fines,” said a statement from attorney general spokesman Joshua Wisch.

Storing large equipment on the mountain is not consistent with conservation district use, said Richard Naiwieha Wurdeman, the attorney representing the permit challengers. He said he’s ready to take legal action to ensure the equipment is removed.

Project spokesman Scott Ishikawa said officials are still assessing what to do next, including issues related to the equipment on the mountain.

“The ball’s certainly in their court at this point, whether they want to start the process all over again,” Wurdeman said. “We’re ready to challenge them every step of the way.”

If telescope officials opt to proceed with a new contested case hearing, the entire process could take several years, Wurdeman said: “They have an insurmountable burden if they decide to go forward.”

Longtime telescope supporter and Big Island farmer Richard Ha said he hopes telescope officials don’t give up on a project he says will provide significant economic and educational opportunities.

“I know that they’ve done everything they possibly can to do the right thing,” he said. “I hope they hang in there.”

While some protesters were celebrating the ruling, others were in court for charges related to being arrested for blocking construction crews from accessing the telescope site.

Wurdeman called on the governor to urge that all charges be dismissed.

“There is no plan to ask the county prosecutor to dismiss those prosecutions,” said a statement from Gov. David Ige’s office. “These trials are currently ongoing and we’re not going to interfere with the judicial process.”