A group says, "not so fast," to announced plans for the management of the summit of Mauna Kea. - Photo: Blaine Fergerstrom

By T. Ilihia Gionson / Ka Wai Ola Loa

A group of five concerned parties filed a lawsuit this month appealing the Board of Land and Natural Resources' acceptance of the Mauna Kea Comprehensive Management Plan, a move that could delay the planned construction of the Thirty Meter Telescope on the summit.

The suit, filed October 1 in Hawai'i's Third Circuit Court by Mauna Kea Anaina Hou, the Royal Order of Kamehameha I, the Hawai'i chapter of the Sierra Club, KAHEA, and Clarence Kūkauakahi Ching asks the court to vacate the land board's April vote accepting the plan and require the board to grant a contested case hearing on the matter – an opportunity for parties with interest in a land board decision to appeal it.

The five plaintiffs in this case filed petitions in April requesting such a hearing. The state Attorney General determined that the parties did not have adequate standing to appeal the plan, even though four of the parties were previously granted standing in a contested case hearing on the proposed Keck Outriggers – the outcome of which compelled the creation of a management plan for the summit before any new land use is approved.

Another factor in the board's denial of a contested case hearing is timing, according to the Department of Land and Natural Resources' staff reccomendation. They assert that since there is no land use being proposed in conjunction with the plan, it is not appropriate to grant a contested case hearing for this action.

Kealoha Pisciotta, president of Mauna Kea Anaina Hou, said that the suit stemmed from disappointment in the land board's denial of a contested case hearing. "The board's decision undermines the basic right everyone in Hawai'i has to stand up for their environment, their culture, and their religion," she said. "The board is now claiming we have no right to ensure that the summit is protected."

"Mauna Kea is one of the most sacred conservation districts in the islands," said Marti Townsend, program director of KAHEA. "Yet the hastily approved plan fails to adequately ensure cultural practice and public access, protect resources, or control harmful construction. It demonstrates the land board is ignoring the law and its responsibility to properly manage this conservation district."

The Department of Land and Natural Resources does not comment on pending litigation, and thus declined comment on the matter, said spokeswoman Deborah Ward.

The controversy over the Mauna Kea Comprehensive Management Plan comes as a consortium of U.S. and Canadian universities would like to build the Thirty Meter Telescope on Mauna Kea. Because the summit is a conservation district, a special permit from the state land board is required. Because of the Keck Outriggers decision, those permits cannot be issued until a management plan is accepted by the land board.

The TMT organization is hoping to finalize regulatory approvals for the project early next year, and has already held a meeting in Hilo for contractors hoping to work on support buildings in Hilo and Waimea.