Supreme Court Deliberates Mauna Kea Issues

By Debbie Ward

During the August 27 oral arguments regarding the Conservation District Use Permit for the Thirty Meter Telescope, justices rebuked DLNR for approving construction prior to holding a contested case hearing, and they questioned the board’s reasoning that the additional “incremental” damage could be mitigated, given that the FEIS found that “past construction of these observatories has had cumulative impacts that are substantial, significant and adverse.” The court has stayed the permit until its final order is issued.



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