+- Punaweb Forum (http://punaweb.org/forum)
+-- Forum: Punaweb Forums (http://punaweb.org/forum/forumdisplay.php?fid=3)
+--- Forum: Punatalk (http://punaweb.org/forum/forumdisplay.php?fid=10)
+--- Thread: TMT - Contested Case Hearing Status - Hilo (/showthread.php?tid=17312)
Pages:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
RE: TMT - Contested Case Hearing Status - Hilo - TomK - 07-24-2017
And it continues...
https://dlnr.hawaii.gov/mk/files/2017/07/781-Minute-Order-101.pdf
The end of page one and the whole of page two are entertaining reading. For instance:
"we were doming down the submit three was 'n' ho'okupu by Ahu o Kauakoko once stood.".
How can you possibly argue with that?
RE: TMT - Contested Case Hearing Status - Hilo - quasar - 07-26-2017
The hearing officer Judge Riki Amano has issued her "PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER":
https://dlnr.hawaii.gov/mk/files/2017/07/783-Hearing-Officers-Proposal.pdf
...drumroll please....
"Based on the foregoing findings of fact and conclusions of law, the CDUA and the TMT Management Plan is recommended for approval."
RE: TMT - Contested Case Hearing Status - Hilo - Chunkster - 07-26-2017
OK, this is a good start, but we know the lunatic fringe Hawaiians will appeal. Is there a mechanism in place to take this directly to the State Supreme Court, or do we have to endure a year or two of more nonsense and whining?
RE: TMT - Contested Case Hearing Status - Hilo - HereOnThePrimalEdge - 07-26-2017
the lunatic fringe Hawaiians will appeal.
Let them. Some of their testimony dug a deep hole. I doubt the fringiest of the fringe recognize what effect they may have had on the findings, so they'll only continue to dig deeper on appeal.
All in all, good news today. Can't wait for construction to begin.
Four people are in a room and seven leave. How many have to enter again before it's empty?
RE: TMT - Contested Case Hearing Status - Hilo - MarkP - 07-26-2017
Given that Judge Amano would have had to be insane to find in favor of the "protectors", I assumed this would be the outcome all along. Along with that I have wondered about appeals. Given the deadline I fear the "protectors" just have to keep the circus going until the clock runs out. Please tell me it doesn't have to be that way.
RE: TMT - Contested Case Hearing Status - Hilo - TomK - 07-26-2017
Well, there's potentially another contested case hearing in the pipeline (currently under appeal I believe) and then there will almost certainly be an appeal over this one, I suspect MarkP is correct.
RE: TMT - Contested Case Hearing Status - Hilo - kalakoa - 07-26-2017
Is there a mechanism in place to take this directly to the State Supreme Court
Yes; this rule change was made during the contested case hearing, and has not itself been challenged (yet).
"protectors" just have to keep the circus going until the clock runs out
Possibly balanced by different "protectors" over at the Canary Islands site, in which case TMT merely has to decide which judicial system is a better fit.
In the meantime, it does create another black hole where I can send my resume...
RE: TMT - Contested Case Hearing Status - Hilo - TomK - 07-26-2017
"[...]the fringiest of the fringe[...]"
I love that phrase! No matter what, though, they will have another opportunity before any appeal - the BLNR now has to go through the process of deciding whether to accept Amano's recommendation which will include hearing those opposed to her decision.
Even if all the hurdles are overcome and the TMT project is still feasible here, we'll be back to protests and road blocks on Mauna Kea.
RE: TMT - Contested Case Hearing Status - Hilo - Guest - 07-27-2017
The Big Island video news came out with this article.
http://www.bigislandvideonews.com/2017/07/26/tmt-contested-case-decision-permit-approval-recommended/
Much respects to Judge Amano Who had to work very hard and tirelessly reading through the thousands of facts to come to her conclusion. I Also found it interesting that Gov Ige recently signed act 48 into law allowing contested case hearings like this one to be directly appealed to the supreme court. Due to the statewide importance this contested case hearing should be given priority over all other cases at this point. With all this TMT fast tracking happening does anyone know if the TMT will have to be Decommissioned with all other Telescopes by the year 2033 which is when the lease expires?
Will the people of Hawaii have a chance to vote or have any say on whether or not to renew another land lease?
I thought the Summit land of Mauna Kea belonged to the People, Maybe i am wrong about that.
Does the Summit land of Mauna Kea belong to the University and Office of Mauna Kea Management instead?
RE: TMT - Contested Case Hearing Status - Hilo - kalakoa - 07-27-2017
I thought the Summit land of Mauna Kea belonged to the People
I thought the DHHL land was intended for Native Hawaiians to live on...
I also thought the "rule of law" applied equally to everyone, including those who build illegal encampments and roadblocks on Mauna Kea...
Will the people of Hawaii have a chance to vote or have any say
I thought the people of Hawaii (the county) voted to decriminalize personal possession of marijuana... I also seem to recall "the people" being against the building code "reforms"...
Guess maybe I'm wrong about lots of things...