ELP and Ka Huli Ao Co-Sponsor Panel Discussing Mauna Kea TMT Controversy

IMAG3710On Thursday, March 3, 2016, the Environmental Law Program and Ka Huli Ao Center for Excellence in Native Hawaiian Law co-sponsored a panel discussion, “Exploring the Next Steps to Mālama Mauna Kea.”  The possibility of further development on Mauna Kea through a Thirty Meter Telescope (“TMT”) has been a subject of controversy since the Board of Land and Natural Resources (“BLNR”) issued a permit to construct the telescope observatory in the conservation district.  Mauna Kea, the highest point in all of Hawaiʻi, is also known as Mauna a Wākea or Mountain of Wākea, the sky-father and ancestor of all Kānaka Maoli.  In December of 2015, the Hawai‘i Supreme Court in Mauna Kea Anaina Hou v. BLNR concluded that the BLNR violated the Hawai‘i Constitution’s guarantee of due process when it approved the TMT construction permit before holding a contested case hearing that would allow opponents to present testimony and cross-examine witnesses presented by the project proponents.  The appellant Kānaka Maoli argued throughout the case that the TMT would have a significant impact on their native cultural practices on the mauna.  Supporters of the TMT argue that the project will greatly benefit Hawaiʻi’s economy and the conditions atop Mauna Kea offer a prime location for astronomical research.

The panelists for the event were Hawaiʻi Attorney General Doug Chin, Dr. Günther Hasinger (Director of the Institute for Astronomy, University of Hawaiʻi), Naiwi Wurdeman ʻ93 (who successfully argued for the appellants before the Hawaiʻi Supreme Court), and Camille Kalama ʻ05 (Staff Attorney, Native Hawaiian Legal Corporation).  ELP Director David Forman ʻ93 moderated the panel.  Each panelist did an excellent job of explaining their views regarding the TMT in a respectful and coherent manner.  Over seventy people in attendance at the event included law school students, faculty, and members of the general public.  Mahalo nui to all participants and Ka Huli Ao for co-sponsoring another successful event with ELP!