DODGING PERMIT EXTENSION - CLAIMING TMT CONSTRUCTION HAS STARTED
University of Hawai`i Destroys Hawaiian Cultural Shrine - Counts It As Construction
Parties from the 2016-17 contested case against the University of Hawai‘i Hilo’s application for a Department of Land and Natural Resources’ permit to construct the Thirty-Meter Telescope are now challenging DLNR’s approval of the University’s April 28, 2021 letter, which stated TMT construction has started in compliance with permit conditions.
DLNR’s approval of the letter effectively excuses the University from requesting a permit extension at a public hearing before the Board.
Mauna Kea Anaina Hou, Kealoha Pisciotta, Kū Ching, Deborah J. Ward, Paul Neves, and KAHEA: The Hawaiian-Environmental Alliance opposed DLNR’s approval, pointing out that no TMT construction has occurred and the issue should go to the Board as part of re-opened contested case hearings.
“The purpose of time limits on conservation district use permits, including UHH’s permit, is to allow the Board to revisit applicants’ representations of its projects and any changed conditions or unexpected circumstances. UHH’s concession that it has not been able to construct the TMT requires the Board to re-examine the permit,” states the group’s motion.
Kū Ching took issue with the University’s claim that its destruction of an ahu counts as initiating construction, stating, “the thriving of Hawaiian cultural practice has given rise to expanded awareness and activity on Mauna Kea that includes constructing ahu and protection of these lands as part of a sacred trust.”
He continued, “The fact of the many thousands of people seeking to express their opposition to further construction on Mauna Kea in 2019 was not before the Board when it issued its 2017 Order.”
The group raised other changed conditions including a $1 billion shortfall for TMT funding, the Canadian Astronomical Association’s recent statement that it cannot support the TMT without Native Hawaiians’ consent, and DLNR’s own critical evaluation of University outreach and consultation with Hawaiians.
The Board has not scheduled a hearing on this motion as of this writing.
