Ka Wai Ola - Office of Hawaiian Affairs, Volume 33, Number 1, 1 January 2016 — TMT Mauna Kea construction permit invalidated [ARTICLE+ILLUSTRATION]

TMT Mauna Kea construction permit invalidated

By KWO Staff The Hawaii State Supreme Court has invalidated the permit allowing construction of the $1.4 hillion Thirty Meter Telescope atop Mauna Kea. The unanimous ruling in early December found the state Board of Land and Natural Resources should not have approved the project's Conservation District Use Permit before holding a contested case hearing on the permit. The high court faulted the BLNR's process in its ruling. In the majority opinion, Chief Justice Mark Recktenwald wrote, "Quite simply, the Board put the cart before the horse when it issued the permit before the request for a contested case hearing was resolved and

the hearing was held. Accordingly, the permit cannot stand." The court ordered the issue sent back to the BLNR "so a contested case hearing ean be conducted before the Board or a new hearing officer." Office of Hawaiian Affairs Ka Pouhana (CEO) Kamana'opono Crabbe issued a statement saying, "The Office of Hawaiian Affairs respects the court's decision. Our priority is ensuring responsible stewardship of Mauna Kea for all the people of Hawai'i, and the continued reverence for this sacred mountain. OHA continues to urge all parties to be responsible stewards and protect our traditional and customary rights and practices as required by the Constitution, state laws and regulations. The Office of Hawaiian Affairs

appreciates the court's vigilance in ensuring proper procedures are followed to protect our land and cultural resources." Meanwhile, University of Hawai'i President David Lassner sent a letter to Department of Land and Natural Resources Chair Suzanne Case confirming that the TMT project site is the last new area on the mountain where a

telescope project will be contemplated or sought. In the letter, Lassner stated that it "shall constitute a legally binding commitment and may be regarded as a condition of the University of Hawai'i's current lease(s) and of any lease renewal or extension proposed by the University." ■

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Artist rendering of the proposed Thirty Meter Telescope . - Courtesy ĪMĪ