BLNR reaffirms retired Hilo judge for TMT hearing
STAR-ADVERTISER / JUNE 2005
Retired Judge Riki May Amano is photographed in the tea garden at the Japanese Cultural Center of Hawaii on June 28, 2005.
The state Board of Land and Natural Resources today reaffirmed retired Hilo judge Riki May Amano as the hearing officer of the Thirty Meter Telescope contested case hearing.
The board unanimously denied a motion to disqualify the former Third Circuit Court judge and also declined to grant objections to board member Chris Yuen’s service on the selection committee that chose Amano.
The Mauna Kea Hui petitioners, the University of Hawaii at Hilo project applicants and the TMT International Observatory Board all had formally asked that the former judge to be replaced, saying Amano’s selection may not survive review on appeal because of a perceived bias.
In its filing today, the BLNR said it is concerned that “taken to its logical extreme, ensuring a contested case process that subjectively ‘appears to be fair’ to every possible person who takes an interest in the TMT project would likely necessitate not only the disqualification of Judge Amano but of every potential hearing officer who otherwise possessed the acumen to hear this case.”
The document adds that it’s unlikely any potential hearing officer candidate will satisfy everyone and remove all fears of reversal.
“The Board will not go down this rabbit hole,” it said, adding that “common sense must prevail.”
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As for the request that Yuen should remove himself from the case, the board found that a statement made nearly two decades is not evidence of bias.
20 responses to “BLNR reaffirms retired Hilo judge for TMT hearing”
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The Mountain belongs to the People of Hawaii. The protesters should jump into the lava lake as human sacrifices if they are true believers. Bunch of phonies.
True..most are in no way Hawaiian and, finally, Hawaiian scholars have come forward to expose them for what they are: environmental activist largely from the mainland.
You obviously don’t know the people involved. And even if your fantasy were true, your statement runs counter to the thoughts suggested by the original poster. If you believe the “Mountain belongs to the People of Hawaii” then by the current law we live under, the mountain belongs to all citizens of the United States, including any “activists largely from the mainland” or those who believe the mountain is sacred. As for Riki Mae Amano, I believe she’ll do a very good job in a difficult situations where both sides have legitimate concerns.
at least someone has balls in this circus.
It’s crazy-making, S-A, that you posted this important article and ended it with… “As for the request that Yuen should remove himself from the case, the board found that a statement made nearly two decades [ago] is not evidence of bias.” What, pray tell, if you don’t mind, did that “statement” state? You didn’t even give us a clue.
C’mon!
From a previous SA article: “In that interview, Yuen, among other things, said, “Honestly, I don’t see what difference it would make to have a few more telescopes up there as long as you site them properly. It doesn’t make a qualitative change in the mountaintop if you do that.””
Good spot, but I took them at their word: You can say the same thing for two decades but it still does not indicate bias. Now, that’s a forgiving attitude.
The BLNR’s actions are incomprehensible. TMT is history.
The BLNR’s actions are correct. TMT is our future.
Wish that were true but DLNR’s action indicates otherwise. Amano should be removed. The standard is “appearance of impropriety” not “appearance of fairness”, as DLNR well knows. As all stakeholders are requesting Amano’s removal, DLNR’s refusal to do so is incomprehensible. TMT is doomed.
All of the stakeholders do not like her, so she is perfect for the job!
True..it is highly unlikely this good project is coming here. Alas, our state prefers carrying bags for rich Asian and Mainland tourists in a low-brain, low-education, low-wage tourist industry. We deserve what we settled for.
Judge Amano is conscientious, hardworking and fair. All concerned are lucky to have her.
That’s the whole deal, she has a track record of being a fair and hard working jurist. To me she a perfect for the job. Now leave her alone and get on with it. Once the proceedings get going, with Judge Amano at the helm all will see that it will be a fair and above board process, and no matter who prevails, it will be because of the facts of the case, not some perceived “bias” on her part.
The BLNR itself is the problem in that it functions not as the proxy for the land’s owners but as advocate for those with wealth and power who seek to use the land for a purpose the state deems worthwhile. The state holds the title, and even that is disputable, in the name of the public, which includes those who claim ancestry to the very land’s original owners, the pre 1778 Hawaiians and in the case of royalism, the descendants of the ali’i because the monarch, European style, owned all the land. Kaui was trying to return ownership to those it was taken from in the European style taking. Senator Inouye recognized this dilemma for the state when he tried to get congress to pass his now infamous take on the Indian Non Intercourse Act. We can be certain no one on the BLNR board has a clue as to what this is as they are all comfortably inside the state majority party bubble, just like in China, where everyone is inside the Party Bubble.
Very good decision. The Board actually looked good on this one!
Bumpy Kanahele for hearings officer!
he is too pampered and lazy in his stolen Waimanalo kingdom
Good. Now we can proceed toward a swift and binding decision and we can all move forward.
Not even King Solomon could make a satisfying decision in the mess that this case has become.