TMT Case Taken up by Hawai‘i Supreme Court

Jun 5, 2015

Some of the Mauna Kea protectors, whose lawsuit against TMT construction has just been accepted for review by the Hawai‘i Supreme Court
Credit Molly Solomon
An artist's rendering of the finished Thirty Meter Telescope
Credit Thirty Meter Telescope Observatory Corp.

The Hawai‘i Supreme Court has agreed to hear the ongoing court case involving the Thirty Meter Telescope proposed for Mauna Kea.  Richard Wurdeman, attorney for the Mauna Kea Hui, says this move indicates the court views the issues involved as important for the state.

The petitioners, who had requested the transfer, contend that the BLNR permit to proceed with TMT development violated due process.  They claim the project fails to meet the criteria required for conservation land use and allowable mitigation.  The respondents are the BLNR, the DLNR, and their director, and the University of Hawai'i at Hilo.  They contend that their actions and mitigation efforts are sufficient and the permits allow them to proceed.  The Supreme Court has not yet notified parties on whether oral arguments will be held.  

Wurdeman expands on what it means that the State Supreme court is taking up the TMT case, and the implications of possible actions.

The State Supreme Court is already considering a case involving similar issues around the Daniel K. Inouye Solar Telescope atop Haleakalā.

Read the court order here:

Mauna Kea--Order Granting Application for Transfer by Hawaii Public Radio