A hearing has been scheduled before the state Land Use Commission later this month to consider a petition that challenges the legality of “the industrial uses” atop Mauna Kea, including the controversial Thirty Meter Telescope.
Hawaiian cultural practitioners Ku‘ulei Higashi Kanahele and Ahiena Kanahele of Hilo filed the petition, which argues that the growing number of observatories has transformed the conservation district at the summit into a de facto urban district requiring a land use district boundary amendment.
Because obtaining a district boundary amendment from the Land Use Commission is a lengthy process and could take years, the request can be seen as the latest attempt to further delay construction of the $1.4 billion telescope.
For months the TMT project has been on hold as protesters block access to Mauna Kea. The protest has grown in size and support, especially among Native Hawaiians who see the TMT as a symbol of stolen lands and a violation of indigenous rights.
Ku‘ulei Kanahele is an earth science researcher with the Edith Kanaka‘ole Foundation and daughter-in-law of kumu hula Pualani Kanaka‘ole Kanahele, who was arrested in July, along with other kupuna, or elders, for blocking Mauna Kea Access Road.
The Land Use Commission is responsible for classifying state lands into four districts: conservation, agricultural, rural and urban areas. Petitions for land use district boundary amendments seek a change from an existing designation to a new one.
The Kanahele petition says the research facilities and associated offices, parking lots and utilities atop Mauna Kea are inconsistent with the conservation district. The facilities at the summit have displaced habitat for the rare wekiu bug, generate noise and obstruct scenic areas and open space.
The Kanaheles consider the area a wao akua (realm of the gods), an area that should be free from excessive human activity and development.
“Industrial development at the summit of Mauna Kea desecrates the very nature/essence of my akua, by destroying the open, unobstructed space that is characteristic of conservation districts,” Ku‘ulei Kanahele wrote in a declaration.
Research facilities are generally considered industrial uses under county zoning laws in Hawaii, according to the petition.
The TMT received its conservation district use permit allowing construction through the state Board of Land and Natural Resources, which regulates land uses in the conservation district.
But the BLNR lacks the commission’s authority to reclassify lands from one district to another or to amend district boundaries, the petition notes.
“BLNR’s power to identify and appropriately zone those lands does not extend to permitting non-conservation uses within conservation district and it is this commission’s authority to declare what uses are appropriate in which districts,” the document says.
At the same time, the couple would strongly oppose any boundary amendment to change the summit to an urban district, it says.
The Kanaheles’ attorney, Bianca Isaki, said she is encouraged by the scheduling of the hearing, and it might signal the commission is ready to fully engage on the topic.
“In my experience (the Land Use Commission) takes its duties very seriously, so I think they will pay attention,” said Robert Thomas, a veteran Honolulu land use attorney.
But Thomas said it’s probably the kind of high-profile issue that will end up in the courts and eventually land before the state Supreme Court.
The Land Use Commission hearing will be Oct. 24-25 at the Grand Naniloa Hotel Hilo.
Link to original article: https://www.staradvertiser.com/2019/10/14/hawaii-news/mauna-kea-industrial-uses-challenged-by-protestors/
]]>Hawaiian cultural practitioners Ku‘ulei Higashi Kanahele and Ahiena Kanahele of Hilo filed the petition, which argues that the growing number of observatories has transformed the conservation district at the summit into a de facto urban district requiring a land use district boundary amendment.
Because obtaining a district boundary amendment from the Land Use Commission is a lengthy process and could take years, the request can be seen as the latest attempt to further delay construction of the $1.4 billion telescope.
For months the TMT project has been on hold as protesters block access to Mauna Kea. The protest has grown in size and support, especially among Native Hawaiians who see the TMT as a symbol of stolen lands and a violation of indigenous rights.
Ku‘ulei Kanahele is an earth science researcher with the Edith Kanaka‘ole Foundation and daughter-in-law of kumu hula Pualani Kanaka‘ole Kanahele, who was arrested in July, along with other kupuna, or elders, for blocking Mauna Kea Access Road.
The Land Use Commission is responsible for classifying state lands into four districts: conservation, agricultural, rural and urban areas. Petitions for land use district boundary amendments seek a change from an existing designation to a new one.
The Kanahele petition says the research facilities and associated offices, parking lots and utilities atop Mauna Kea are inconsistent with the conservation district. The facilities at the summit have displaced habitat for the rare wekiu bug, generate noise and obstruct scenic areas and open space.
The Kanaheles consider the area a wao akua (realm of the gods), an area that should be free from excessive human activity and development.
“Industrial development at the summit of Mauna Kea desecrates the very nature/essence of my akua, by destroying the open, unobstructed space that is characteristic of conservation districts,” Ku‘ulei Kanahele wrote in a declaration.
Research facilities are generally considered industrial uses under county zoning laws in Hawaii, according to the petition.
The TMT received its conservation district use permit allowing construction through the state Board of Land and Natural Resources, which regulates land uses in the conservation district.
But the BLNR lacks the commission’s authority to reclassify lands from one district to another or to amend district boundaries, the petition notes.
“BLNR’s power to identify and appropriately zone those lands does not extend to permitting non-conservation uses within conservation district and it is this commission’s authority to declare what uses are appropriate in which districts,” the document says.
At the same time, the couple would strongly oppose any boundary amendment to change the summit to an urban district, it says.
The Kanaheles’ attorney, Bianca Isaki, said she is encouraged by the scheduling of the hearing, and it might signal the commission is ready to fully engage on the topic.
“In my experience (the Land Use Commission) takes its duties very seriously, so I think they will pay attention,” said Robert Thomas, a veteran Honolulu land use attorney.
But Thomas said it’s probably the kind of high-profile issue that will end up in the courts and eventually land before the state Supreme Court.
The Land Use Commission hearing will be Oct. 24-25 at the Grand Naniloa Hotel Hilo.
]]>You can read the full draft here or check out this summary from a kiaʻi in Colorado, Brandy Toelupe, who went through and pulled out the main points. She even includes a helpful executive summary at the beginning. Mahalo nui Brandy for this quick(er) reference! :)
All comments must be submitted by September 28, at 7:30 pm. You can submit via email to uhhar@hawaii.edu or attend one of the hearings in person.
Background on OMKM rulemaking
In 1998, the State Auditor recommended empowering UH to make rules to rectify management issues on Mauna Kea lands. In its 2005 follow-up audit, the Auditor traced some of UH’s management failures to their lack of rules. In 2009, the legislature passed Act 132, which granted UH authority to adopt rules “relating to public and commercial activities permitted or occurring on the Mauna Kea lands.” The legislature found rules were necessary to protect cultural and natural resources and to ensure public health and safety.
In 2011, UH drafted rules that were unacceptable (see OHA comments). In 2015, UH attempted to enforce “emergency rules” that were transparently directed against the kia‘i of Mauna Kea, resulting in 15 arrests and 6 citations. The Flores-Case ‘Ohana successfully challenged the emergency rules in court and Judge Ibarra ruled them invalid.
In June 2018, despite strong public opposition and the misgivings of its owns members, the UH Board of Regents authorized OMKM to move forward with the formal process to create rules governing Mauna Kea summit lands. Many of the Regents reasoned that the public vetting process would fix issues with the rules. And that is just what weʻre now attempting to do.
Things you can do: