Victory for Mauna Kea protectors
The Hawaii Supreme Court has voted unanimously to vacate the permit allowing the Thirty Meter Telescope to be built atop Mauna Kea.
In order to proceed, project officials must return to the state Board of Land and Natural Resources to seek re-approval.
The justices concluded that the state Board of Land and Natural Resources violated due process when it approved a permit for the $1.4 billion project in 2011 prior to holding a contested case hearing.
The state and University of Hawaii, which applied for the permit in 2010 on behalf of the TMT Observatory Corporation, argued that the 2011 permit was preliminary and the final permit was issued in 2013. But the justices weren’t swayed.
“Once the permit was granted, Appellants were denied the most basic element of procedural due process — an opportunity to be heard at a meaningful time and in a meaningful manner,” wrote Chief Justice Mark Recktenwald and associate justices Paula Nakayama and Sabrina McKenna in the majority opinion. “Our Constitution demands more.”
The ruling leaves the door open for Thirty Meter Telescope officials to return to the state Board of Land and Natural Resources and seek another permit for the observatory.
The decision is a victory for many Native Hawaiian activists and their supporters who have successfully prevented the construction of the telescope this year through protests and vigils on Mauna Kea. Dozens were arrested for blocking construction on the mountain, where 13 observatories have already been built.
The University of Hawaii and the TMT issued statements Wednesday saying that they are figuring out what to do next.
“The University of Hawaii continues to believe that Mauna Kea is a precious resource where science and culture can synergistically coexist, now and into the future, and remains strongly in support of the Thirty Meter Telescope,” said university spokesman Dan Meisenzahl in a statement. “UH is currently reviewing the Court’s decision to determine the best path forward.”
Henry Yang, chair of the TMT International Observatory board of directors, thanked the state Supreme Court for its timely ruling and said the organization respects its decision.
“TMT will follow the process set forth by the state, as we always have,” he said in a statement. “We are assessing our next steps on the way forward. We appreciate and thank the people of Hawaii and our supporters from these last eight-plus years.”
Source: Civil Beat Hawaii