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Wednesday, December 02, 2015
Full Text: Hawaii Supreme Court Invalidates Telescope Building Permit
By News Release @ 9:03 PM :: 3243 Views :: Higher Education, OHA

STATEMENT FROM TMT REGARDING HSC RULING

From www.MaunaKeaAndTMT.org

From Henry Yang, Chair TMT International Observatory Board of Directors:

“We thank the Hawaii Supreme Court for the timely ruling and we respect their decision. TMT will follow the process set forth by the state, as we always have. 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.”

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From TMTHawaii Twitter Account: “This is not a judgment against TMT, but rather against the State's process in granting the permits.”

Nature/Scientific American: “Decision throws construction of the Thirty Meter Telescope into question”

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Hawaii Supreme Court issues opinion on Thirty Meter Telescope permit

From UH News December 2, 2015 

The Hawaiʻi Supreme Court issued an opinion today vacating the Hawaiʻi State Board of Land and Natural Resources (BLNR) Conservation District Use Permit (CDUP) for the Thirty Meter Telescope and the 2014 Circuit Court decision that upheld the granting of the permit.

The court stated that a contested case hearing should have been held before the CDUP was granted and remanded the case, “so that a contested case hearing can be conducted or for other proceedings consistent with the court’s opinion.”

Hawaiʻi Attorney General Douglas Chin said in a statement, “Today’s decision provides direction to a new Land Board and another opportunity for people to discuss Mauna Kea’s future. The Attorney General’s office will be advising the Land Board regarding next steps.”

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STATEMENT OF THE OFFICE OF HAWAIIAN AFFAIRS ON THE HAWAII SUPREME COURT RULING ON MAUNA KEA ANAINA HOU V. BOARD OF LAND AND NATURAL RESOURCES

Statement of Kamana‘opono Crabbe, Ka Pouhana (CEO) of OHA:    December 2, 2015

“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.”

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‘Narrow’ Decision Allows Supreme Court Another Bite of the Apple, and Another 

CB: …Kealoha Pisciotta, who leads Mauna Kea Aina Hou, an organization that’s one of the plaintiffs in the lawsuit, is happy with the ruling but noted that the majority opinion didn’t address the issue of whether building the TMT on Mauna Kea violates state law regarding what’s allowed in a conservation district.

That suggests that the project could conceivably come before the state Supreme Court again in several years if another permit is approved.

The narrow focus also makes it tough to figure out how the ruling could impact a similar case challenging the construction of a telescope on Haleakala, Maui, that’s pending before the state Supreme Court….

“In this case, to delay is to win,” she said….

Flashback: Pisciotta Demands $50M rent

read … Win?

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