Hawaii court nulls Thirty Meter Telescope permit: Victory for Native Hawaiians?
Hawaii鈥檚 Supreme Court invalidated a construction permit for the Thirty Meter Telescope Wednesday, a $1.4 billion observatory planned for the peak of Mauna Kea: the state鈥檚 tallest mountain and a cultural icon for Hawaiian natives.
The path to the Court鈥檚 decision Wednesday has been fraught with conflict. Native Hawaiians who consider the mountain sacred staged a number of local protests, several of which ended in arrests and property damage. The state Department of Land and Natural Resources (DLNR) eventually enforced an emergency rule restricting access to the mountain during night hours, as聽海角大神 reported in early September.
But the Supreme Court鈥檚 long-awaited decision suggests the power of Native Hawaiians鈥� peaceful protests within a heavily continuous issue.
鈥淨uite 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,鈥� the court鈥檚 58-page opinion held. 鈥淎ccordingly, the permit cannot stand.鈥�
Per the ruling, Hawaii鈥檚 Board of Land and Natural Resources erred in 2011 when they approved the permit because protestors were unable to share their argument. Although protestors were granted the right to a contested hearing, the board approved the TMT building permit before the hearing was scheduled, 鈥減rompting one justice to liken the events to ,鈥� Astronomy magazine explains.
Without a court audience native Hawaiians have made their contested arguments heard聽by blocking roadways and staging prayer-ins.
鈥淚鈥檓 just very grateful to the heavens and the court and the people,鈥� Kealoha Pisciotta, one of the plaintiffs in the lawsuit challenging the permit, told the Associated Press. 鈥淭he people took a stand and that鈥檚 significant. . And that鈥檚 a blessing.鈥�
Henry Yang, the Chair of the TMT International Observatory Board of Directors, made clear in a press release Wednesday that TMT respects the Supreme Court鈥檚 decision, but will continue press ahead with its bid for a permit.
鈥淭MT will follow the process set forth by the state, as we always have,鈥� Mr. Yang said in a statement. 鈥淲e are assessing . We appreciate and thank the people of Hawaii and our supporters from these last eight-plus years.鈥�
Directors of the TMT chose the site of Mauna Kea because its high altitude, low light pollution, and particular air currents offer some of the clearest skies in the world.聽
鈥淭his is , but rather against the state鈥檚 process in granting the permits,鈥� the telescope鈥檚 affiliated Twitter account made clear Wednesday. The court鈥檚 decision does not prohibit the TMT collaboration from re-applying for another permit.
This report contains material from the Associated Press.
