Maunakea

Maunakea is a deeply sacred place that is revered in Hawaiian traditions. It’s regarded as a shrine for worship, as a home to the gods, and as the piko of Hawaiʻi Island.

Maunakea is also a critical part of the ceded lands trust that the State of Hawaiʻi must protect and preserve for future generations, pursuant to its kuleana as a trustee.

Despite four state audits and generations of Native Hawaiians expressing concern about the threats to Maunakea, the state and the University of Hawaiʻi have continuously neglected their legal duties to adequately manage the mountain. Instead, they have prioritized astronomical development at the expense of properly caring for Maunakea’s natural and cultural resources.

As a result, the state and UH have failed as trustees and stewards of this beloved and sacred place. Even the governor and the university president have both publicly admitted to failing to meet their management responsibilities.

OHA has long advocated for improved stewardship of the mauna and beginning in 2015 engaged the state and UH in a nearly two-year mediated process to resolve the mismanagement of Maunakea. Ultimately, this effort was not successful.

Left with no other recourse, OHA filed a lawsuit in 2017 to advocate on behalf of the Native Hawaiian people to hold the state and UH accountable for its longstanding and well-documented mismanagement of Maunakea.

Among other things, OHA’s complaint requests the court to order the state fulfill its trust obligations relating to Maunakea and to terminate UH’s general lease for the mountain for breach of the lease’s terms.

This is not about any one telescope. This lawsuit is about addressing the state and the university failing to manage the entire mountain for nearly half a century.

This webpage is intended to provide updates and information about OHA’s lawsuit and other Maunakea issues.

OHA’s Act 255 Lawsuit (2024)

• Press Release: OHA lawsuit seeks repeal of the Mauna Kea Stewardship and Oversight Authority (Jan. 22, 2024)
• Frequently asked questions on OHA’s Act 255 lawsuit 
• OHA’s Complaint for Declaratory Judgement and Injunctive Relief (Jan. 17, 2024)
  • Exhibits 1- 10, Exhibits 11 – 19
• Act 255 – Establishing the Mauna Kea Stewardship and Oversight Authority

OHA’s Maunakea Lawsuit (2017)

• OHA Motion for Summary Judgement (3/2/2020)
• OHA Lawsuit
• VIDEO: Nov. 8, 2017 Full press conference announcing OHA lawsuit
• Press release announcing OHA lawsuit (11/8/17)

National Science Foundation Public Scoping Meetings

• OHA letter to NSF on Notice of Intent to Prepare an EIS for Extremely Large Telescope in Northern Hemisphere 
• OHA comments to National Science Foundation’s Public Scoping Meeting 
• OHA Chair Carmen “Hulu” Lindsey’s testimony to the National Science Foundation
• National Science Foundation website for Maunakea

Maunakea Resources

• 10.12.20 Letter to Canadian Astronomical Society to correct the OHA position on the siting of the TMT on Maunakea, Attachment 1, Attachment 2
• Timeline of Maunakea issues: Oiwi TV
• Table of Astronomy Development
• Maunakea Audits
  • 1998 (Report No. 98-6)
  • 2005 (Report No. 05-13)
  • 2014 (Report No. 14-07)
  • 2017 (Report No. 17-06)
• UH’s Office of Maunakea Management
  • Maunakea Comprehensive Management Plan and Subplans
• Historical Community Concerns on Maunakea
  • Acting Gov. Ariyoshi calls for the first master plan for Maunakea, 1974
  • DLNR report on community comments for master plan for Maunakea, 1976
  • Hawaiʻi County Mayor Letter on Maunakea, 1976
  • Waimea Hawaiian Civic Club article on Maunakea, 1980
  • Plans Drawn for Mauna Kea, Hawaiʻi Tribune-Herald, 1980

OHA Media on Maunakea

• Action Needed at Maunakea (July 2017) by OHA Trustee Dan Ahuna, Chair of the OHA Board’s Ad Hoc Committee on Maunakea
• UH Fails to Address Longstanding Mismanagement of Maunakea (December 2017) by OHA Trustee Dan Ahuna
• The Awakening (August 2019) by Sterling Wong, OHA Public Relations Officer

OHA Press Releases and Statements

• Press Release: OHA lawsuit seeks repeal of the Mauna Kea Stewardship and Oversight Authority (Jan. 22, 2024)
• Press Release: OHA seeks continued TMT moratorium (April 11, 2015)
• Press Release: OHA seeks to include Maunakea ‘Ohana leadership in discussions (April 20, 2015)
• OHA Statement: Maunakea arrests (July 15, 2015)
• Press Release: OHA files lawsuit against state for mismanagement of Maunakea (November 8, 2017)
• UH’s proposed rules fall short of ensuring appropriate stewardship of Maunakea (November, 2018)
• OHA Statement: Hawaiʻi Supreme Court ruling on the TMT permit (October 30, 2018)
• OHA Statement: Maunakea extreme athlete viral video (Feb. 6, 2019)
• OHA Statement: Maunakea ruling (March 14, 2019)
• OHA Statement: Arrest of a Kiaʻi and the dismantling of several symbolic structures on Maunakea (June 20, 2019)
• Press Release: OHA leadership demands halt to TMT construction to avoid harm to Native Hawaiians and the public until steps are taken to ensure public safety (July, 13, 2019)
• Press Release: OHA leadership reiterates their demand that the state provide a safe place for Native Hawaiians to assemble and peacefully protest TMT construction (July 14, 2019)
• OHA Statement: Today’s arrest of kūpuna and others on Maunakea (July 17, 2019)
• Press Release: OHA Board Approves Resolution on Maunakea (July 25, 2019)
• OHA Statement: Meetings with Mayor Harry Kim and Kiaʻi (July 29, 2019)
• OHA Statement: Dismantling of a small structure on DHHL lands at Maunakea (September 6, 2019)
• Press Release: OHA files motion for summary judgement in Maunakea lawsuit  (March 2, 2020)
• Press Release: Statement from OHA Chair on today’s Maunakea ruling by Judge Laubach (August 6, 2021)

Issues

• UH’s Administrative Rules for Maunakea

OHA submitted formal testimony to the University of Hawaiʻi stating that the University’s proposed administrative rules for Maunakea “fall short” of ensuring appropriate stewardship for the sacred mountain.

Enacted in 2009, Act 132 authorizes the University of Hawaiʻi’s Board of Regents (UH BOR) to adopt administrative rules to regulate “public and commercial activities” for its Maunakea lands. The law also requires the UH BOR to consult with the Office of Hawaiian Affairs (OHA) in developing these administrative rules.

The UH BOR will consider the latest draft of the proposed administrative rules on Aug. 30.

• • UH Press Release: Regents to hold meeting on Aug. 30 on Maunakea rules
  • OHA Statement on UH’s Draft Administrative Rules
  • OHA Testimony on UH’s Draft Administrative Rules:
    • June 20, 2011
    • June 7, 2018
    • September 11, 2018
    • May 31, 2019
    • Testimony UH-BOR Item III.B RE HAR Admin Rules Maunakea 110619

• Proposed Maunakea Management Authority

During the 2018 Legislative Session, lawmakers considered establishing an authority to manage Maunakea. Ultimately, no legislation was enacted.

• • OHA Testimony at Feb. 12, 2018 hearing of Proposed SD1 of SB3090
  • White Paper on SB3090 SD2
  • White Paper on HB 1985 Proposed SD1 Updated 4.2.18

Miscellaneous

• Maunakea Working Group Accepting Nominations Till 4/26
• Testimony UH-BOR Item III.A Maunakea PIG Report & Reso 110619
• 10.12.20 Letter to Canadian Astronomical Society to correct the OHA position on the siting of the TMT on Maunakea, Attachment 1, Attachment 2

Quotes on Maunakea:

• “I am concerned that social pressures for more intensive use of Maunakea for scientific, recreational and other purposes pose a threat to the priceless qualities of that mountain. There are many legitimate and desirable uses which should be encouraged, and there may be some potential uses which must be either prohibited or closely controlled, if we are to preserve the historical sites and natural environment in the best possible manner.”  Governor George Ariyoshi, Nov. 1, 1974
• “Recently some members mentioned how fortunate Hawaiʻi had been chosen to facilitate the Maunakea observatories, our own ‘White Mountain’ above all others in the world. Others said progress is good but ‘no more building.’ The mountain should not be ‘over crowded;’ it may bring more building. The mountain should not be ‘over crowded;’ it may bring more cars, and outsiders who do not have good ‘manaʻo’ (thoughts) about preserving the valuable history of the mountain.” – Waimea Hawaiian Civic Club representatives about their members’ thoughts on Maunakea, January 27, 1980
•  “[UH’s] focus on telescope construction on Maunakea’s summit propelled the site into a premier location for astronomical research. However, this emphasis was at the expense of neglecting the site’s natural resources.” – Hawaiʻi State Auditor, February 1998
• “From a cumulative perspective, the impact of past, present, and reasonably foreseeable future activities on cultural resources on Maunakea is substantial and adverse.” – National Aeronautics and Space Administration, February 2005
• “[T]he University of Hawaiʻi’s management of the Maunakea Science Reserve is inadequate to ensure the protection of natural resources. The university focused primarily on the development of Maunakea and tied the benefits gained to its research program. The university’s control over public access was weak and its efforts to protect natural resources were piecemeal. The university neglected historic preservation, and the cultural value of Maunakea was largely unrecognized.” – Hawaiʻi State Auditor, February 1998
• “[W]e have in many ways failed the mountain. Whether you see it from a cultural perspective or from a natural resource perspective, we have not done right by a very special place and we must act immediately to change that [.]”-  Governor David Ige, May 26, 2015
• “[…] UH has not yet met all of [its] obligations to the mountain or the expectations of the community.” – UH President David Lassner and UH Hilo Chancellor Donald Straney, June 1, 2015