TMT Construction Can Proceed

[glinda]

Where pray tell does it say the courts have now stated they will handle things differently?

[HereOnThePrimalEdge]

Where pray tell does it say the courts have now stated...

You brought up the courts, which as you pointed out was not in the article. Thanks for your confirmation.

[kalakoa]

the first of at least three planned legal challenges aimed at stopping the TMT from being built

https://www.staradvertiser.com/2019/07/0...quirement/

[HereOnThePrimalEdge]

Mauna Kea 1977 Plan:
Numbered page 5 of document
II. C.
It states “adaquate security equal to the amount of the contract”
It doesn’t say what form of security.

The document also states it may be amended.
https://dlnr.hawaii.gov/mk/files/2016/10...a-Plan.pdf

There is also a 1983 Plan.
http://oeqc2.doh.hawaii.gov/EA_EIS_Archi...t-Plan.pdf

I haven’t found the bond requirement in the 1983 plan, but it’s a photocopy pdf, so not searchable except by reading all 500+ pages.

[Frank]

It would have been beneficial if the councilman asking the questions had followed up with this question - What were the average costs per day for our law enforcement participation during the past eruption? Any body know?

eta % > normal would be good...

[TomK]

I'm no lawyer but would have thought the Mauna Kea master plan of 2000 would be more relevant, and from what I can see a bond requirement is not in that document. However, as a lessee, the TMT, like all the observatories, is obligated to return the area to its original condition at decommissioning.

http://www.malamamaunakea.org/uploads/ma...e_2000.pdf

[kalakoa]

would have thought the Mauna Kea master plan of 2000 would be more relevant

How relevant and for whom? At this point the "protectors" will invoke any statute that fits their cause, relevance and timeliness notwithstanding.

I won't be surprised if they find TMT in violation of some Territorial law.

Nor do I fail to see the irony: "haole occupier" laws are totally acceptable -- if the TMT is somehow acting illegally -- and conveniently ignored whenever there is a "sacred need".

[TomK]

"How relevant and for whom?"

More relevant than the 1977 plan which it supersedes, and for the courts.

[TomK]

Honolulu Civil Beat has now picked up on the latest:

https://www.civilbeat.org/2019/07/thirty...p-project/

KITV and HNN also had the story on their TV news broadcasts this evening, but haven't found anything online on their sites at this point.

[Aaron S]

The DOH CWB has posted a public notice on their website seeking individuals desiring that a contested case hearing be held regarding the granting of the NPDES permit for the TMT project. The deadline to notify the DOH is August 9th.

http://health.hawaii.gov/cwb/clean-water...d-updates/