Group News: Hawaiʻi Island, Kauaʻi
Hawaiʻi Island Group
Mauna Kea Update
By Deborah Ward | Reading time: 3 minutes
While COVID has closed the Mauna Kea visitor center and many tours to the summit, a lot has been happening behind the scenes on the mauna. Two telescopes (Hoku Kea and California Submillimeter Observatory) are slated for decommissioning, four cesspools are being closed, the 2020 Master Plan is about to be unveiled, Representative Saiki’s Mauna Kea Working Group has been convened to examine management alternatives, and the Master Lease extension EIS is on hold until the working group makes a recommendation to the legislature.
The University of Hawaiʻi issued a letter in late April declaring that construction had been started in compliance with permit conditions that require an initiation of construction within two years of securing a permit. But several of the petitioners that challenged the TMT in a contested case have filed a motion stating that UH incorrectly represented the conditions of the permit, and they requested a hearing before the Board of Land and Natural Resources. They contend that the activities cited do not, in fact, constitute legitimate construction activities, and are not sufficient to declare that construction has begun.
Credit: @Kanikapu
One of the key fiscal sponsors of the TMT is Canada, and recently the Canadian Astronomical Association (CASCA) has announced that “unless the TMT project has consent from the Native Hawaiians, Canada’s astronomical community cannot support its construction on Mauna Kea.” Dr. Gaensler, CASCA’s co-chair of its long range plan, said “As excited as we are about the scientific potential and engineering excellence of the TMT, we believe that astronomical discovery cannot come at the expense of human rights for the people on whose lands we operate our telescopes—anywhere in the world." The long range plan offers this conclusion: “when such consent does not exist, the principals should recognize that the use or threat of force is an unacceptable avenue for developing or accessing an astronomical site.”
The Thirty Meter Telescope International Observatory (TIO) has admitted that the project is $1 billion short of the funds needed, is awaiting the announcement of the 2020 Decadal Survey, and an application to the National Science Foundation for funding to complete and operate the project, which would require a federal EIS and Section 106 consultation with Native Hawaiians, prior to decision-making. This process could take over four to five years to complete. The UH lease expires in 2033, and a lease extension is not certain.
In mid-May, KAHEA confronted a state bully before the Hawaiʻi Supreme Court. For two years, the State Attorney General has been overstepping its already sweeping powers, trying to intimidate KAHEA and its supporters with subpoenas and search warrants for bank records. The AG claims it simply wants the records to see if KAHEA is following nonprofit law, but in court KAHEA attorneys Naiwi Wurdeman and Lance Collins argued that the AG is actually trying to intimidate Mauna Kea kiaʻi with a “fishing expedition” and chill their broad, public support. During the demonstration on the mauna in 2019, the kiaʻi received support from different organizations and a few state agencies. The Department of Land and Natural Resources made an informal agreement with the Royal Order of Kamehameha to allow Puʻu Huluhulu to be a safe place for people to congregate. The Department of Transportation placed a temporary stop light on Saddle Road to allow people to cross safely from Puʻu Huluhulu to the Mauna Kea Access Road. But the AG made efforts to criminalize KAHEA’s efforts to provide medical supplies, porta potty cleaning fees, sweaters, blankets, food or other supplies. It is clear that the AG used the power of the state to intimidate the non-profit and its donors, and that is simply not allowed by the state or US constitutions.
Hawaiʻi Supreme Court Round 2 on Hu Honua Biomass
By Steve Holmes | Reading time: 1.5 minutes
While the spin machine for Hu Honua Biomass would have you believe that a recent Hawaiʻi Supreme Court decision was a great victory for them, that really isn’t the full story.
Justice Michael Wilson, in a concurring opinion for the majority makes it clear, that the Public Utilities Commission may still decline a waiver from the competitive process that Hu Honua had sought. The court decision was more a form of legal housekeeping that clarifies an earlier ruling. Public Utilities Commission attorneys have the ability under current regulations to issue a new waiver denial they just need to change the justification. It is the stuff only attorneys love.
Back in 2006, the Public Utilities Commission adopted a competitive bidding framework under administrative rules that have the effect of law. Waivers are really obsolete now. The intent is to get ratepayers the best deal for electricity. Waivers are anti-competitive and not in the public interest.
Hu Honua simply cannot compete in the current energy marketplace. Burning trees for fuel is highly inefficient. Prices for solar and batteries have dramatically dropped making them the better choice.
When the Public Utilities Commission re-issues its new waiver denial in accordance with their rules, it will send a message to Puna Geothermal which also seeks the special treatment of a waiver. They, too, are not competitive.
With no open competitive bids for additional renewables, both Hu Honua and Puna Geothermal Venture efforts to get special treatment actually leave them with no opportunity until another round opens up and even then it is highly unlikely that they will succeed.
In the meantime, two solar farms on the Big Island with 60 MW of capacity and massive battery storage have been approved and are moving quickly to start construction. Another larger solar farm at 60 MW went through Phase 2 competition and is awaiting approval. So we will be moving to 100% renewables and can look forward to reduced costs for electricity.
Kauaʻi Group
Hokua Place Developer Withdraws Petition – Rural Character Preserved
By Rayne Regush | Reading time: 1.5 minutes
On May 27, 2021, HG Kauai Joint Venture LLC, developer for the proposed Hokua Place (formerly Kapaʻa Highlands) has withdrawn their petition to the State Land Use Commission to reclassify 96-acres of Agricultural District land to Urban District. The project intended to build 683 multi-family and 86 single-family units on the hillside between the Kapaʻa Bypass Road and Kapaʻa Middle School.
The petition to the Land Use Commission was strongly opposed by hundreds of residents concerned with the lack of infrastructure to support this high density project. The collaborative efforts of intervenor Liko Martin, supported by attorneys Bianca Isaki and Lance Collins, Sierra Club Kauaʻi Group, Friends of Māhāʻulepū, Community Coalition Kauaʻi, and HAPA, helped expose the serious problems of Hokua Place.
The developer failed to provide sufficient evidence that existing traffic congestion in the area would not increase, and that potable water and wastewater services would be available. Other issues brought to light included an undisclosed wetland area, problematic drainage, dubious development cost estimates, shifting timelines, and the clouded title of this Crown Lands parcel.
Many thanks to all the residents who submitted testimony against this project. We especially thank each of the expert witnesses whose written testimony, filed on behalf of our contested case, enabled Commissioners to astutely cross-examine the developer’s agricultural expert, traffic engineer, housing expert, hydrologist, architect and others. Ultimately, HG Kauai Joint Venture LLC did not meet the necessary burden of proof.
We also thank each of you who made donations to help fund the legal action above. We hired two excellent environmental attorneys who offered their legal services to stop Hokua Place at discounted rates. AND WE STILL NEED ASSISTANCE. Both Friends of Māhāʻulepū and the Sierra Club Kauaʻi Group have been splitting the attorney fees. The final invoices just arrived and we need help in meeting Sierra Club's commitment.
Thank you very much! We greatly appreciate any help that can be offered.
Here are ways to donate:
Send a check made out to the Sierra Club Foundation with Kauaʻi Group in the memo line (tax deductible)
Send a check made out to the Kauaʻi Group Sierra Club (not tax deductible)
Mail checks to:
Sierra Club Kauaʻi Group
P.O. Box 3412
Lihue, HI 96766
Mahalo!