02-13-2016, 12:01 PM
quote:
Originally posted by kalakoa
Apparently I wasn't the only one to have this idea: simply have the Feds nationalize Mauna Kea as a national monument. State loves to play the "pre-empted by Federal law" card...
http://www.hawaiitribune-herald.com/comm...ebruary-13
As to "what about the TMT", well, the Feds can simply enact monument status retroactively to a time when TMT's permits were still valid, or else the ruling can just be thrown out (since it's merely the State).
In any case, the Protectors and their legal team would probably have a more difficult time arguing their case with the Feds.
There is major problem with this argument though. The TMT project would have to do a Section 106 consultation with the Native Hawaiians, and redo their FEIS to comply with the National Environmental Policy Act, if Mauna Kea was Federalized. In addition, there is no time to start over the process again. The TMT has stated they need to have finalized permits by September 2017, or they will be looking elsewhere for prospective sites.