TMT permit challenge to go directly to Hawaii Supreme Court
In a victory for those challenging the planned Thirty Meter Telescope, the Hawaii Supreme Court on Friday granted a request to allow the case to bypass the Intermediate Court of Appeals and go directly to the state’s highest court.
“This is good news and recognizes the importance of our case for all of Hawaii,” said Kealoha Pisciotta, one of the Mauna Kea Hui members appealing a Circuit Court’s ruling upholding the state Board of Land and Natural Resources’ decision to grant a conservation district use permit to the University of Hawaii at Hilo for construction of the $1.4 billion telescope planned for the summit of Mauna Kea.
Also appealing are Deborah J. Ward, Clarence Ku Ching, the Flores-Case Ohana (E. Kalani Flores and Pua Case), Paul Neves and KAHEA: The Hawaiian-Environmental Alliance. (Ward is no relation to Deborah Ward, spokeswoman for the Board and Department of Land and Natural Resources.)
Speaking on behalf of the TMT, Honolulu attorney Doug Ing of Watanabe Ing LLC said in a statement, “We do not expect that the transfer of the appeal to the Supreme Court will change the anticipated outcome. We remain confident that the court will uphold the previous ruling that the Conservation District Use Permit granted for TMT is consistent with Hawaii law.”
The case had been working its way toward trial in the intermediate court when the plaintiffs filed the application for transfer of their case last month.