Mauna Kea advocates are seeking justice in Hawai‘i courts. Six plaintiffs have filed a Notice of Appeal in circuit court challenging the Board of Land and Natural Resources’ (BLNR) April 12th decision to grant the University of Hawai`i at Hilo a conservation district use permit (CDUP) to construct the world's second largest telescope, the Thirty-Meter Telescope (TMT) atop Mauna Kea. The permit would allow the TMT Corporation to break ground and construct the eighteen-story high TMT Observatory on undeveloped and pristine lands within the Mauna Kea conservation district. Plaintiffs include Mauna Kea Anaina Hou, KAHEA: The Hawaiian-Environmental Alliance, Deborah J. Ward, E. Kalani-Flores and B. Pualani Case of the Flores-Case Ohana, Clarence Kukauakahi Ching, and Kumu hula, Paul K. Neves.

Plaintiffs were pro se (they had no lawyer representing them) during the contested case hearings before the BLNR. Now, Mr. Richard Naiwieha Wurdeman, a Native Hawaiian attorney based in Honolulu, will be representing them on appeal to the state circuit court.

“The questions before the court, in short, are whether BLNR rules permit more development, and particularly development that has an adverse and significant impact on the land and waters of Mauna Kea”, said Kealoha Pisciotta, President of Mauna Kea Anaina Hou, a Native Hawaiian Organization dedicated to protecting and preserving Native Hawaiian traditional and customary practices of Mauna Kea. “The UH itself admits that the TMT will have an adverse, significant and substantial impact on the cultural and natural resources of Mauna Kea. The BLNR rules are clear,” Pisciotta said, “a development project may not have negative impacts on Mauna Kea—so the BLNR should have denied the permit—instead of approving it, and this is why we must seek justice in the courts.”

“We continue to educate Hawai`i’s people and the public abroad, that Mauna Kea is not just a high-elevation place on earth, it is most sacred of places. Our case is about the necessity of having respect for Hawaiian spirituality…that spirituality is the cornerstone of the Hawaiian way. We cannot just speak of practice – we must continue to practice if we are to continue to exist” said Kumu hula Paul Neves.

Deborah J. Ward commented, “construction of a structure larger than all the others combined, in an open space area, where no other observatory exists today, will negatively affect the geology, the viewplanes, and the natural beauty, cultural, and recreational resources of Mauna Kea. The TMT project area, (including the Observatory site and Access Way), would destroy and disturb over 8.7 acres of Wēkiu bug habitat, as well as kill Wēkiu bugs in these areas. The loss, degradation, and reduction of Wēkiu bug habitat on the summit of Mauna Kea is the result of astronomy development, and more development could lead to the introduction of new invasive species into the unique ecosystem. This is not good for Hawai`i. We hope the courts will help Mauna Kea.”

“It is unfortunate when public citizens are forced to go through court proceedings when developments such as the TMT Project are systematically granted permits by the BLNR despite these projects not meeting the criteria as outlined in Hawai`i State law,” stated E. Kalani Flores of the Flores-Case Ohana. B. Pualani Case commented, “How can the proposed TMT Observatory that would be over 18-stories high and the TALLEST building on Hawai`i Island satisfy the criteria? It can’t! We must proceed ahead and be idle no more. Mauna a Wakea is still sacred.”

Petitioner Kealoha Pisciotta of Mauna Kea Anaina Hou responds to Chad Babayan's letter stating that putting the Thirty-Meter Telescope on Mauna Kea is part of a "sacred mission."

Aloha. As a Native Hawaiian cultural practitioner, I wish to respond to Mr. Chad Kalepa Baybayan’s opinion piece about Mauna Kea (March 19, Tribune-Herald).

First, Kalepa, mahalo for speaking your truth, as I believe that is one of the greatest forms of respect one may offer another. While I respect your truth, other important truths about Mauna Kea were omitted from your commentary, thus altering readers’ perspectives on the issue of Mauna Kea development.

I wish to point out some omissions you may have forgotten to share. It is my hope that by doing so, a more complete story of Mauna Kea — and the impact of its astronomy development — will appear.

The four most glaring omissions are as follows:

1. You did not inform the readers that you work for the ‘Imiloa Astronomy Center, which has received funding from Gordon Moore, one of the Thirty Meter Telescope funders.

2. While testifying at the contested case hearing, the University of Hawaii did not offer you as an expert witness, nor were you qualified as an expert of the cultural practice relating to Mauna Kea — as were members of the Mauna Kea Hui, including kumu hula Paul Neves, kumu hula Pua Case and Mr. Kalani Flores of the Flores-Case Ohana, Mr. Clarence Kauakahi Ching and I.

3. When questioned about your Native Hawaiian practices relating to Mauna Kea, you answered that you understood Mauna Kea from the perspective of the sea. So you did not mention that construction of the TMT atop Mauna Kea would NOT directly impact your particular cultural or religious practice, as it would other Native Hawaiian practitioners — including members of the Mauna Kea Hui and me.

4. Lastly, you mentioned that you are only one of four individuals that Papa Mau Piailug graduated into the rank of master navigator, and while that must have been a tremendous honor for you, you failed to mention that others of that rank, including Nainoa Thompson, have spoken out in support of protecting Mauna Kea.

While serving as a university regent, Nainoa said of further development on Mauna Kea, “This is really about the native people being subject to racism and disrespect” (quoted in the Honolulu Star-Bulletin, June, 21, 1999).

In the end, the core issue is about the many Hawaiians whose practices will be negatively impacted. It’s about the ‘aina that will be negatively impacted. Even the university’s environmental impact statements (EIS) admits this fact: “From a cumulative perspective, the impact of past and present actions on cultural, archaeological and historic resources is substantial, significant and adverse: These impacts would continue to be substantial, significant and adverse with the consideration of the [TMT] project and other reasonably foreseeable future actions.”

This means development is not good for either Mauna Kea or the people of Hawaii.

Aloha and mahalo for listening to my truth, too.

Kealoha Pisciotta is a Native Hawaiian practitioner and one of the six petitioners in the contested case to protect Mauna Kea from further industrialization and desecration. She lives in Ola‘a.

Board members first heard from UH attorney, Tim Lui-Kwan, who insisted that the TMT, nearly the largest telescope in the world, would not "cause" significant impacts to the Mauna Kea conservation district and its sacred cultural resources, and petitioners Kealoha Pisciotta of Mauna Kea Anaina Hou, Pua Case and E. Kalani Flores of the Flores-Case ‘Ohana, C. Kukauakahi Ching, and Kumu Hula Paul Neves had not proven that they are Native Hawaiians. Auwe! But it was the Petitioners themselves who provided the highlights of the day. Kumu Hula Paul Neves' son, Kinohi, Pua Case and E. Kalani Flores of the Flores-Case ‘Ohana, Marti Townsend of KAHEA, Deborah J. Ward, and finally, Kealoha Pisciotta of Mauna Kea Anaina Hou provided the Board with oral testimonies summing up their reservations against TMT construction. KAHEA representative testified:

"We are here today because the University has failed to fulfill its obligations to protect the conservation district of Mauna Kea for many decades. The eight criteria of the conservation district rules direct the Board to put the natural resources at the center of its decisionmaking. When we focus on the resources, and when we make decisions in their best interest, the intent of the conservation district rules will be satisfied and our natural resources will actually thrive. As it is, the University and past Boards have put the developer at the center of their decisionmaking...and it shows! The summit is thirty-eight feet shorter than it was before telescopes found it, invasive species are advancing up the mountain, and it is by focusing on developer interests that the University now attempts to justify expanding the industrial footprint of telescopes on Mauna Kea."

Having heard the mana‘o of Petitioners and reviewed the extensive evidence weighing against further construction on Mauna Kea, the Board is now equipped to take full responsibility for the consequences of a decision to affirm or deny the University's TMT construction permit. We await the Board's final decision.

Pono Process?
There exists a Mauna Kea Management Board, which is described as community-based management and oversight for the mountain. Yet, the UH Board of Regents appoints 100% of the members of this Board, and benefits financially from accelerated development. Is that a fair and impartial process?

Got rent?
Mauna Kea is currently leased to UH for 65 years at $1 per year. State law requires state land (former crown and government lands) be leased for fair market value. If “viewing time” at telescopes on Mauna Kea can go for $80,000/night, then how is $1 a year rent remotely fair-market value?

PLDC threat?
The sweetheart 65-year-lease will end soon; does this mean Mauna Kea could be PLDC’d? PLDC-ing Mauna Kea means the Conservation District rules no longer apply. Telescopes, hotels, anything could be built on Mauna Kea with no permit, no management plan, and definitely no opportunity for appeal to a court.

The time has come to once again show your support for the sacred summit of Mauna Kea.

BLNR Hearing on TMT Construction Permit
Tuesday, February 12, 2013
Hilo County Building
25 Aupuni Street, 96720
map

9:30 AM Gathering outside building
11:00 AM Hearing in room 1401 (public testimony is not allowed; but please
come to support the petitioners as they give their final arguments)

On Tuesday, the Board of Land and Natural Resources (BLNR) will hear final oral arguments from the parties on the construction permit for the Thirty Meter Telescope (TMT). Please support us as we seek to protect Mauna Kea from further industrialization.

Mauna Kea is overbuilt. The TMT Environmental Impact Statement says that industrial telescope structures on Mauna Kea have had a “significant, substantial, and adverse impact” on the natural and cultural resources of this conservation district. With a construction footprint of 8 acres and building height of 18 stories, the TMT would contribute to the over-industrialization of the fragile conservation area of this sacred mountain.

The rules meant to protect conservation areas in Hawaii specifically prohibit any activity that would have a substantial adverse impact on the resources of the conservation district. The BLNR’s failure to follow its own rules for decades is why Mauna Kea is overbuilt today -- threatened by invasive species, contaminated with toxic spills, and littered with industrial buildings.

We have a chance to end the mismanagement of the Mauna Kea Conservation District starting with this permit application. Please join us on Tuesday to show your support for the sacred summit of Mauna Kea and make a tax-free donation to the Mauna Kea Legal Defense Fund today.

Mahalo!

Ten years ago, Uncle Ku Ching began plans for a unique huaka‘i from sea level up to the summit of Mauna Kea. It would become a journey that changed the next decade of his life.

Hatched between Kawaipuna Sharp and myself, the idea for the 2002 huaka‘i was for us to follow the old paths, the old trails and the old roads. We were to walk in the path of the ancestors. The entire journey was to be genuinely cultural, including studying the plants and animals of the island.

It took quite a bit of planning and studying. In some places, there are no longer any trails. At low altitudes, we were hiking through pastures. In other places, like up on the slopes of Mauna Kea, it’s very sandy, so the trails and footsteps are hard to find. Near Pohakuloa (PTA), the trail is actually a road, but a military road that is basically off-limits to the public. We were culturally accessing places where people don’t usually go.

Up on Mauna Kea when you’re at 13,000 feet, after a whole day of slog-ging it out (starting out at 10,000 feet), you can take maybe twenty steps, then have to rest for five minutes. Thank goodness, you’re only a few hundred yards to the end of the day’s hike as it takes everything you have. You’re totally exhausted. But you’re all exhausted together, and there’s a lot of aloha. It changes you.

We have done huaka‘i almost every year since, and it has been life changing. Kaho‘ola Ching wrote recently about how important the huaka‘i have been to him. All of us who have been doing it, are not the same, as when we started out.

Among other things, he said: “Huaka‘i has been one of the best things that has happened in my life. Also some of the worst times in my life--burning lava fields of Kona in the blazing sumer sun on an endless walk through uncharted ‘a‘a. Some of the most profound and supernatural things have happened to all of us, that took some of us years to realize. You lead even to the very gates of the ‘a‘a fields of Kona, as close to Hades as I have ever experienced on this honua, and I will follow.” High places are always sacred to people, especially to the “indigenous” people. A lot of our myths, religious stories, and legends include stories about the mountains. Thisis true for many other summits too, of course. But for us, Mauna Kea is that very special place.

Many of us do things on the mountain that are very sacred, like taking piko up to lake Waiau. People do many dif-ferent practices all over the mountain. Many of us have connections to the island, and to the mountain. So it is a natural thing to want to protect it.

As leasee on the mountain, since 1968, the University of Hawai‘i has acted as “king” of the mountain, but has not properly cared for our mauna.

For example, when they built the Keck observatories, they knocked 38 feet offof Pu‘u Kūkahau‘ula, to get enough level land on which to build the foundations. Knocking offthe top of pu‘u (cinder cones) and digging into them disturb many of us who are cultural and religious practitioners of the mountain.

The key thing, is, if UH is going to be on the mountain, they are going to have to follow the rules. And the rules are going to have to be pono. We will do what we have to do to keep the whole thing pono. This means: to be in tune with the environment and ecosystems of the place, culture of the place, and the gods and goddesses.

The mountain itself is awesome. Hiking over it, hiking up and down, being up there, the snow, the rocks, the glacial sand--the experience of going up the mountain is very precious, it gets into one’s soul. I suppose this is why I do what I do, to mālama Mauna Kea.

"...exempting a government agency or a private company exempt from law is not effective management, and all of your finger pointing, Governor Abercrombie, will not make it so."

Link to article:
http://www.civilbeat.com/posts/2012/09/17/17122-a-kanaka-maolis-objection-to-the-pldc/

Go here to read and watch Jon Osorio's testimony at the Oahu PLDC hearing.

Act 55 is designed to allow commercial interests to ignore territorial, state and local regulations that have been implemented since before Hawaiʻi was a state to protect our Islands forests, streams, oceans and beaches and more recently to concede Native Hawaiians unrelinquished claims to what this Act refers to as the public lands.

Rules notwithstanding, the Act will produce new opportunities for a taking of Ceded Lands, whether through outright sales and transfers or through long term leases that might just as well be sales. And Hawaiians will sue. In fact, I think that the ultimate product of Act  55 will be endless litigation and a deepening mistrust of a state government that cannot manage our resources or plan effectively for the future."

Mahalo to Pono Kealoha for the video  footage

• Critical habitat is essential to the endangered Hawaiian monk seal’s survival – without the land and sea seals depend on to live, they will go extinct.
• You can still go to the beach, fish, gather, swim, surf, snorkel, dive, boat, and do all of the things you do now in critical habitat – designation will not restrict public access.
• The main effect of critical habitat is to require greater review of federally funded or permitted projects to minimize harm to the habitat. The ESA is a federal law – it makes sense to prohibit federal actions from harming or destroying critical habitat for endangered species.
• Protecting monk seal critical habitat is good for the seals, good for our marine resources, and good for everyone who depends on and enjoys the ocean in Hawai‘i.

Miyoko Sakashita is Oceans Director with the Center for Biological Diversity. Koalani Kaulukukui is President of KAHEA: The Hawaiian-Environmental Alliance and serves on the Board of Directors of the Conservation Council for Hawai‘i.

KAHEA invites you to Keeping The Call Alive: Monk Seals, Mauna Kea, and Makana, a KAHEA benefit concert on Saturday, May 26, 2012 from 6 to 9 pm at Calvary by the Sea. Please click here for directions to the event.

Smoke meat plates and drinks will be available for sale.

Live music will be provided by Makana with special guest Lono, Jon Osorio & Friends, Bobby Moderow, and Kawika Kahiapo.

An art sale will feature original photographs by Ed Greevy and lots of other art by local artists.

Suggested donation of $25. All proceeds will benefit the work of KAHEA to protect environment, defend cultural rights, and promote justice! If you are unable to join us May 26 but would still like to support our work, please click here to donate securely. We are a 501(c)3 organization and all gifts are tax-deductible.

For tickets or additional information, please contact us at 524-8220 or kahea-alliance@hawaii.rr.com.

Mahalo nui,
Jon Osorio, KAHEA board member and fundraiser committee chair

Want to help us get the word out? Click here for a printable flier!

By email from Kure Atoll, Hawane extends her gratitude to everyone who voted for Poli’ahu i ke kapu, a tribute to the divine snow goddess of Mauna Kea which recently won in the category of Single, Hawaiian Language for this year’s Big Island Music Awards. She also sends a deeply felt mahalo to Dennis Soares for sponsoring the Awards . “This is so awesome. Please send out my greatest appreciation to all of those who have supported Poli'ahu i ke Kapu and Mauna a Wakea. I feel very honored to be apart of this movement with all of you.” Hawane dedicates this, her first award to mentor, friend, and fellow musician Uncle Puna Keli’iho’omalu from Kaimu, Kalapana.

In September, Hawane departed to Kure Atoll, the Northwestern most Hawaiian Island, volunteering for seven months to assist with the island’s native habitat restoration and protection of endangered species. Before she left, she recorded the mele (song) which was engineered and mastered by Sonny Lim and assisted by his daughter, Anuhea Lim. Hawane will be singing with Sonny Lim at the Awards Banquet on April 2 in Hilo.

Knowing the aloha Hawane feels for Mauna Kea, Sonny shared, “I am humbled by her passion in what she believes is pono and how she carries it like a torch in the darkness...for me it was a blessing to help her sustain, and fuel her light into the future..”

Please be encouraged to purchase Poliʻahu i ke kapu, available on iTunes and other online music stores as proceeds from sales are being donated to the KAHEA Hawaiian-Environmental Alliance Mauna Kea Legal Defense Fund for the protection of Hawaiian cultural practices as well as the sacred sites and landscape on Mauna Kea.

The lyrics and music video of Poliʻahu i ke kapu can also be found on the YouTube online site that was created by Auliʻi Case, Pua Case, and Kapulei Flores.

For weeks now, people have been questioning the Governor’s
appointment process and, in particular, whether Yamamura meets the
Water Code’s requirement of “substantial experience in the area of
water resource management.”  For background on this ongoing
controversy, see this article at:
http://www.civilbeat.com/articles/2012/02/22/14970-abercrombies-latest-water-commission-nominees-dont-quiet-uproar/

In the face of this controversy, the WLH Committee has taken the
unusual step of scheduling an informational briefing by Water
Commission Deputy Director Bill Tam and the Nominating Committee
responsible for the short list of candidates to explain how these
picks were made.  The briefing is scheduled for 1:15 pm, ten minutes
before the hearing on Yamamura’s confirmation (briefing notice here:
http://www.capitol.hawaii.gov/session2012/hearingnotices/HEARING_WLH_04-05-12_INFO_.HTM).

Please come to both hearings and send in testimony opposing Yamamura’s
confirmation.

Why does this matter and what’s wrong with the process?
The Water Code and Commission were established after the 1978
Constitutional Convention to manage water as a public trust for
present and future generations and move beyond the plantation-era
politics of a handful of interests monopolizing water for private
profit.  As the Code mandates, the Commission is supposed to be a
panel of experts with a requirement of “substantial experience in the
area of water resource management.”  HRS § 174C-7(b).  Further,
because the Commission has been consistently dominated by “Big Ag”
water diverters, the Code was amended in 2003 to reserve a seat for
someone with “substantial experience or expertise in traditional
Hawaiian water resource management techniques and in traditional
Hawaiian riparian usage such as those preserved by section 174C-101.”
HRS § 174C-7(b).

What should you do?
Despite these clear requirements, Yamamura does not meet the
qualifications.  He is a land appraiser from Maui, lacking
“substantial experience in the area of water resource management.” Any
commercial valuation of water that may occur in land appraising has
nothing to do with managing water resources as a public trust.  See,
e.g., In re Waiahole Ditch Combined Contested Case Hr’g, 94 Haw. 97,
180 n.96 (2000) (explaining that any financial value of water for
eminent domain purposes “is inapposite to any analysis under either
the police power or the public trust”).

In addition, there are significant questions about the integrity of
this process.  Clearly qualified applicants were passed over for
Yamamura.  Also, Yamamura is from the Nā Wai ʻEhā area of Maui, where
Maoli and local groups have been struggling to restore stream flows
diverted by plantation ditches.  At minimum, this raises improper
appearances of attempting to influence this and other Maui cases.  In
fact, including the pending nominees, four of the five appointed
Commissioners would be from the single island of Maui.  In short,
politics continues to improperly subvert the law and expertise in the
management of our most precious resource.

Despite these and other concerns, the informational briefing is
scheduled only ten minutes before the confirmation hearing, giving
concerned community members no time get more information before taking
a position and submitting testimony on the issue.

Please send in testimony today:  (1) opposing Yamamura’s confirmation
and (2) asking the Committee to reschedule the confirmation hearing
until after the public has adequate opportunity to review and respond
to the informational briefing.  Mahalo piha!

More information on GM 755 is available here:
http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=GM&billnumber=755

YOUR TESTIMONY HEADER SHOULD BE:

HOUSE COMMITTEE ON WATER, LAND, AND HOUSING
ATTN:  CHAIR DONOVAN DELA CRUZ

Testimony Opposing GM 755:  Yamamura’s Nomination to the Water Commission

April 5, 2012, 1:25 p.m.
Conference Room 225

WHERE TO SEND TESTIMONY:

Testimony should be submitted via the legislature’s webpage at:
http://www.capitol.hawaii.gov/submittestimony.aspx,
emailed to WLHtestimony@capitol.hawaii.gov
or faxed to 586-6091 (or 1-800-586-6659 from neighbor islands).

SAMPLE TESTIMONY:

Aloha Chair Dela Cruz and Members of the Committee:

My name is __ and I am testifying in strong opposition to GM 755,
nominating Ted Yamamura to the State Water Commission.

Hawaiʻi’s Water Code mandates that any Commissioner have “substantial
experience in the area of water resource management.”  HRS §
174C-7(b).  This requirement is vital to ensure that the trustees of
one of Hawaiʻi’s most precious resources are qualified to serve in
this expert, objective, and fiduciary role.  Mr. Yamamura fails to
meet this basic prerequisite.

The management of water resources goes far beyond the valuation of
land or even water connected with land.  As the Hawaiʻi Supreme Court
explained, the duty of a trustee over water resources is much more
than the role of a “business manager,” or a mere “umpire calling balls
and strikes.”  This trustee role is too important to be handed to
political appointees lacking the necessary expertise.

Moreover, many actually qualified applicants were passed over, raising
serious questions about the integrity of this process.  That also
casts doubt on whether the Water Code’s qualifications were given
sufficient consideration.

In addition, more representation is needed from other islands.
Including the pending nominees, four of the five appointed Water
Commissioners will be from the single island of Maui.  The Water
Commission’s public trust obligations extend throughout the state, and
other islands require representation as well.

Please vote to deny Mr. Yamamura’s nomination.  Mahalo for the
opportunity to testify on this important issue.

Check out our photos from the rally here.

From Kukunaokala:
It is an amazing sight and overwhelming feeling to experience a gathering of people with one common goal. It is this feeling that I had the opportunity to experience during the assembling of the ahu and Hāloa kiʻi at the state capitol on February 6th. Uncle Walter Ritte headed the operation which deconstructed the ahu originally located at the University of Hawai`i Kamamakūokalani Center for Hawaiian Studies, transported, then reconstructed on the lawn of the capital. During the construction of the ahu, Uncle Walter took the time to speak to the haumāna of Hālau Lōkahi as well as whoever else wanted to listen, about the importance of advocacy and how these GMO labeling bills will affect each and every one of us on a personal level.

While 80% of the processed foods in the United States contain ingredients that are genetically modified, neither the State or Federal governments see the need to label these foods as such. In response to such negligence, a group of Molokaʻi residents and University of Hawaiʻi students, led by Uncle Walter built an ahu and proceeded to erect a kiʻi in the form of Hāloa at the State Capitol. Hāloanakalaukapalili was the eldest child of Wākea and Ho`ohōkūikalani. He was stillborn; his body was buried and from it grew the first kalo plant. Ho`ohōkūikalani became pregnant again and gave birth to another son, healthy and strong. He was named called Hāloa, the first Hawaiian man, progenitor of the Hawaiian people and namesake of his older brother. The kiʻi is a physical representation of the sacred relationship that kānaka have with kalo. Uncle Walter uses the story of Hāloa to remind people that we serve nature, not the other way around.

The Hāloa ki`i is at the capitol to bring attention to the legislative bills that would require the labeling of genetically modified foods sold in Hawaii. Clift Tsuji, the chair of the Committee on Agriculture (and 2010 winner of the Biotech industries “co-legislator of the year”, Calvin Say was the other recipient) refused to hear any of the GMO-labeling bills this session. In response, Uncle Walter and friends organized a rally on February 21, 2012, consecrating the Hāloa ki`i and building momentum for an even bigger campaign next session.

The event began on the lawn with an opening ceremony centered on the ahu and the Hāloa. Haumāna from Hālau Lōkahi and Hālau Kūmana offered oli and hula, and shared their mana’o.  The rally then proceeded to move into the rotunda where a stage had been erected decked out with amplified speakers, professional microphones and videographers at all angles.  There were guest speakers who filled the rotunda with words of encouragement, motivation, facts, opinions, mo’olelo, and mana’o.  Glen Martinez, President of the Hawaii Farmers Union, compared his first hand experiences as a farmer in the 1970s with the farming conditions today.  His conclusion was that the actual acreage of land in agriculture in comparison has significantly decreased while the amount of urbanization and industrialization continues to rise.  Uncle Walter, a Hawaiian activist of Moloka`i spoke to the cultural prospective on GMO’s and our kuleana as stewards of the `āina to protect the integrity of our food sources both locally and abroad.  Representative Faye Hanohano spoke briefly on her position in regards to this issue and made it clear to her constituents that she is and will continue to be in total support of the movement.  As a totally unexpected surprise, Anthony Aalto of the Sierra Club took his speaking time to talk about the Purple Spot! Loving the solidarity action! For a great re-cap of the GMO rally ma ka ‘ōlelo makuahine, check out this great coverage from our friends at `Oiwi TV:

Date: Sun, Jan 29, 2012 at 8:38 PM
Subject: Sierra Club comments to the NSF Portfolio Review Committee
To: astportfolio@nsf.gov
Cc: "Mr. James Ulvestad" <julvesta@nsf.gov>

The National Science Foundation has already announced that the federal government will not be funding the development of the Thirty Meter Telescope in the near future. They are, however, considering funding the massive telescope proposed for Mauna Kea in the distant future. Below is a letter the Moku Loa Group of the Sierra Club sent to the National Science Foundation to dissuade them from funding such an unnecessary destruction of sacred native land

We at Sierra Club understand that your committee is now considering which of two next generation telescopes it will recommend to receive substantial funding from the National Science Foundation—the Thirty Meter Telescope (TMT) on Mauna Kea in Hawai‘i or the Giant Magellan Telescope (GMT) on Cerro Las Campanas in Chile.

We thought that as you consider these two projects you might appreciate receiving some background information about the local controversy in Hawai‘i regarding the possible construction of the TMT on Mauna Kea, the legality of which is now being challenged.  This controversy and the litigation associated with it will affect the efficacy of your committee’s decisions and therefore should be considered as you carry out your important charge.

Sierra Club understands that this may not be the typical kind of input that your process is designed to attract.  However, because your scientific funding recommendations could lead to significant, adverse and substantial environmental and cultural implications for the mountaintop, we feel compelled to advise you of these considerations.

Mauna Kea’s special legal status

Islanders have longstanding concerns about further industrialization of the mountaintop, which is designated by the State of Hawai‘i as a Conservation District and is subject to strict environmental limitations in order to protect the district’s unique cultural and natural resources.  Hawai‘i has also designated the whole summit area as a State Historic District because of its important cultural significance.

Longstanding cultural and environmental concerns

Native Hawaiians have long revered Mauna Kea as a sacred mountain, reflected by its numerous shrines, altars and other religious and cultural sites.  The mountaintop is where Hawaiians’ genesis story took place and the burial ground of their most revered ancestors. Contemporary Hawaiians conduct traditional spiritual and astronomical ceremonies there.  Its stunning, windblown Aeolian Alpine landscape is also home to plant and animal species found nowhere else on Earth, whose habitats have already been damaged by observatory industrialization.

Land Management Controversy Creates Litigation

The State’s Land Board has approved TMT’s Conservation District Use Application (submitted on TMT’s behalf by the University of Hawai‘i), but that decision was conditional on the outcome of a recent ‘contested case hearing’ before a State-appointed hearings officer who is now considering its extensive testimony and findings of fact. During those hearings, the legality of the Land Board’s decision was challenged and will ultimately be resolved in court.

A related lawsuit, challenging the adequacy of a required Comprehensive Management Plan (rushed by the University of Hawai‘i to meet the schedules of TMT and NSF), has also been in the courts.

The last time Caltech and the University of California proposed a telescope project for Mauna Kea (the Keck Outriggers), federal and state courts sided with Native Hawaiians and environmentalists to support the environmental and cultural protections of the Conservation District and ruled against proceeding with further development in the district. We expect them to do the same this time.

A deep community commitment to Hawai‘i’s special mountain

Islanders feel compelled to challenge state agency decisions that violate state and federal laws, particularly when those laws were established to protect places like Mauna Kea and indigenous people like Native Hawaiians. In Hawai‘i what is traditionally “sacred” is taken seriously—and protected by law—because of the state’s large native population and the persistence of contemporary forms of traditional cultural and religious practice.

But a much broader public, of all ethnic backgrounds, is also involved, having long expressed worry about the mountain’s overdevelopment and the summit’s changing appearance from the coast.

Some web links for background on this decades-long controversy

All this public concern and litigation is something TMT and University of Hawai‘i astronomers have worked hard to downplay—and may have understated to your committee. To provide you with some background about the ongoing local controversy, we’ve pasted onto this message some web links that may be useful to you. They include a sampling of the many newspaper articles that have appeared here and in California, as well as other useful links to help you understand that TMT’s support in Hawai‘i is limited primarily to University astronomers and observatory staff, local construction companies and unions, and some politicians.

As you review these materials, you’ll immediately notice that the island opposition to TMT concerns local land use issues, not the scientific value of astronomy, which is generally regarded here as important to society. Indeed, I myself am a lifelong astronomy fan who believes a giant telescope—located more sensitively in Chile—will yield wonderful research discoveries that will deepen our understanding of the universe.

Mahalo for taking the time to read this note and visit these websites. Please feel free to contact me if you have any questions.

Sincerely,
Nelson Ho, Co-Chair
Mauna Kea Issues Committee
Hawai‘i Chapter of Sierra Club

For background, please visit these websites:

“Hawaiians, Mountain in Avatar-like struggle,” by Tom Peek, a former Mauna Kea Observatories tour guide, Sacramento Bee, March 9, 2010: now available at:
http://www.dmzhawaii.org/?p=6359

“Grassroots Hui Coordinates Defense of Mauna Kea,” by staff reporters at the Hawai‘i Independent, July 4, 2011:
http://thehawaiiindependent.com/story/grassroots-hui-coordinates-defense-of-the-mauna-kea-conservation-district

Native Hawaiians’ Open Letter to TMT donor Gordon Moore: http://salsa.democracyinaction.org/o/2699/p/dia/action/public/?action_KEY=1469

“A big boondoggle: Can the TMT project be stopped? It's not an idea that's out of this world,” by Nelson Ho of Sierra Club, Honolulu Star-Advertiser, June 14, 2010: http://www.staradvertiser.com/editorials/20100614_A_big_boondoggle.html

“Pilgrimage to the Sky: Mauna Kea Equinox” by Marya Mann, Ke Ola magazine, November-December 2011: http://keolamagazine.com/the-life-of-the-land/pilgrimage-to-the-sky-mauna-kea/

“World’s Largest Telescope to be Built in Hawaii” by Audrey McAvoy, USA Today, July 22, 2009: http://www.usatoday.com/tech/science/space/2009-07-22-observatory_N.htm

“Excitement, disappointment over TMT decision” by Peter Sur, Hawaii Tribune-Herald: http://www.tmt.org/news/Site-Selection-News-Stories/Tribune-Herald.pdf

“Giant Telescope Eyes Site on Mauna Kea” by Kevin Dayton, Honolulu Advertiser, August 10, 2008: http://links.tmt-hawaiieis.org/08-1008_HA_Article_Giant_Telescope_Eyes_Site_on_Mauna_Kea_0_cfdc.pdf. This investigative article discusses the insider political campaign to build TMT on Mauna Kea.

Official KAHEA Hawaiian-Environmental Alliance website at http://kahea.org/, which contains numerous additional links, legal documents, and history. Pages containing specific information about the Mauna Kea and Haleakala controversies are found at: http://kahea.org/issues/sacred-summits

“Science, Culture Clash over Sacred Mountain” by science writer Usha Lee McFarling, Los Angeles Times, March 18, 2001: now available at:
http://www.moolelo.com/maunakea-latimes.html

“As-One,” a recent music video produced by Native Hawaiian kids to gather public support for Mauna Kea: http://kahea.org/blog/as-one

On the following Saturday, February 25, the Save O'ahu Farmlands Rally, March, and Farm Festival will take place at Kaka'ako Waterfront Parks, starting with the Rally at 9:00 a.m., and ending at 2:00 p.m. Speakers and entertainers for the rally will be announced soon. Please plan to attend and show your support for saving the farms! Please forward this to all your friends. More background information is found below this poster.

Background Information:

Within ninety days the Land Use Commission will decide on the possible urbanization for both the Ho’opili and Koa Ridge projects. The farms that would be taken by Ho’opili and Koa Ridge produce about 40% of all of the locally grown vegetables and fruits we currently eat. We cannot afford to lose either. As it is, with only a week’s supply of food on the island, we are daring a calamity to strike. We will need these lands to survive, should we ever be cut off from suppliers across the ocean.

The Ho'opili property is the highest producing farmland in the state. Some maintain it is the highest producing land in the world. In most places, because of winter season, they can only grow one crop a year. We have year round growing here, but in many areas with rich soil, like Waimanalo, they can only grow two crops a year because it rains so much. Crops need sunshine. In places like Koa Ridge in higher central Oahu, the frequent overcast skies limit them to three crops a year. But the lower 'Ewa plains, with abundant year-round sunshine, warm breezes, and clean irrigation water, produce four crops a year.

It's bad enough that the developer plans to cover this 1555 acres of farmland with houses, but that's not all. The rich farm soil is clay, and expands and contracts with water, so it cracks house foundations. The developer will come in and scrape off four feet of this precious soil, cart it away, and replace it with four feet of coral, which will support the houses, forever preventing future generations from reclaiming the land. These are all facts which we are using in our case at the State Land Use Commission, trying to save the Ho'opili and Koa Ridge farmlands.

You can find out more about our Alliance and efforts at www.SaveOahuFarmlands.com

A few nights ago, I received a call from T.C. Yim. He was a powerhouse in the State Legislature when I came to Hawai'i as a young man in 1971. He's now 89 years old. I couldn't believe he was calling me. I'd never spoken to him before. He had just seen a program we produced on 'Olelo Community Television about the need to save our farmlands. During the show we mentioned the Rally on September 25. He was calling to find out more about Save O'ahu Farmlands Alliance and the Rally. He said he was so happy to hear that we had an alliance where all those interested in saving farmland could work together. He had become quite a reader in old age, usually reading for four or five hours a day, always trying to understand better the bigger picture of what was happening in the world, and how it affected us here in Hawai'i. In recent years, he had realized that the world is running out of oil at a time when China and India are developing ever greater needs for it, and that the price of oil can only continue to rise, eventually making it too expensive to import food. He has come to realize that the two greatest needs we in Hawai'i will have in the future will be for food and fuel, and that we must act now to become sufficient in both. He will be there at the Rally on February 25, and I will introduce him to the crowd.

It should also be noted that there has been a real sea-change in the last couple of years. When we started working on this in 2008, we were alone, David fighting Goliath. No one cared. But there has been a revolution in consciousness. Down to Earth started building big stores; another opens today. Costco started buying local produce. Markets started competing in advertising for having the most locally grown fruits and vegetables.. KANU Hawaii suddenly mushroomed to 6000 active members pledging to eat better. A recent poll showed that the majority of people will pay more for locally grown. Consciousness that we are losing our best farmlands has also finally been picked up by the media. The Star-Advertiser published an editorial against the Ho'opili development. And word is getting to the politicians. Thirty-seven representatives signed a bill at the legislature to double our food production in twenty years. Yesterday, the City Council voted to make it possible that the Ho'opili and Koa Ridge properties will stay in food farming forever, if we win our case at the Land Use Commission.

Save O’ahu Farmlands Alliance is a group of roughly fifty pro-environment, pro-farm, and Hawaiian organizations, another fifty individual farmers and activists, and about 1100 additional members we reach with regular e-mail updates. We have been working for many months to raise public consciousness and roust people to action. We have created website (www.SaveOahuFarmlands.org), written numerous articles and Letters to the Editor, produced or appeared on a variety of television shows that are repeatedly shown on ‘Olelo, produced Public Service Announcements, appeared on radio programs, printed a T-shirt and sold hundreds of them at Farmers’ Markets across the island, developed and passed out thousands of flyers, and have more than 5000 signatures on our petition. All of the organizations in our Save O’ahu Farmlands Alliance are working together to get a large crowd to the rally. Collectively we have over 50,000 e-mail contacts.

Please call Dr. Kioni Dudley at 672-8888 or Cinnie Frith at 262-0878 if you have other questions.

As you may have already heard the Intermediate Court of Appeals (ICA) recently handed down their decision regarding the Mauna Kea Hui’s request for a contested case on the University’s “Comprehensive Management Plan” (CMP) approved by the State Board of Land and Natural Resources (BLNR) in 2009.

While it is true that the court did not grant us a contested case hearing on the UH CMP, they did confirm our longstanding concern with the plan: that it does nothing in and of itself to address the substantial and significant adverse impacts of telescope construction on the natural and cultural resources of the mountain. Read the decision here.

We are still waiting to hear from the BLNRʻs Hearing Officer (HO) on the outcome of our contested case hearing on the Thirty Meter Telescope (TMT). Mahalo to all of you who attended those hearings and supported us through that whole process last summer and fall. After the Hearing Officer makes his decision on whether to grant the TMT a building permit, then the BLNR will decide whether to approve, modify or deny the HOʻs decision. Pending the outcome of BLNR’s final decision the various parties may decide to appeal further into the courts.

The Kupuna say we win when we speak truth and stand for justice and Aloha. We are very proud we made a stand in the ICA and we are very proud of our Marti who took this case as her first court case for which she did an outstanding job!

In over a decade no telescopes have been built or allowed to destroy more of the sacred and precious landscape of Mauna Kea—and this is a win.

Further, the National Science Foundation (NSF) has decided not to fund the TMT Project. And contrary to the press reports, China and India’s contribution is still not enough to complete the project—and it was reported previously that their contribution was dependent on NSF contributions. It is unclear whether the TMT has any significant funding--without funding, the TMT cannot be built.

So there is still much to do and to continue to have hope for…hope for the land and the people and every reason to continue to speak the truth and to stand for pono action. And we will continue to stand for Aloha and for Mauna Kea!

Setting the record straight –and we ask all to please beware of the misinformation and hype.
Contrary to the assertions made in the press by the UH, the ICA decision did not uphold the UH CMP nor did it give the TMT a green light for construction atop Mauna Kea. What is true is that the court affirmed that the UHH has no way to actually implement their plan. That is to say, no actions can occur and the plan then is no more than a set of “future considerations”. This in no way can be construed as a green light for building the TMT on Mauna Kea—so don’t believe the hype!

According to the court no action means, no disturbance to the land and hence no one’s rights can be affected (this is not a position we fully agree with, since the UH plan does propose closing the MK access road (from sunset to dawn) and also proposes to regulate cultural practice by granting the UH sweeping authority to decide what is “appropriate” cultural practice and when cultural activities can or cannot occur. We do not believe only land altering activities infringe on the rights of the public or Native Hawaiian because closing us off the mountain would unequally impact our rights to worship and the public right to access Mauna Kea.

To be clear, we asked for an opportunity to be heard (via the contested case hearing) because without a contested case hearing the BLNR decision makers only have public testimony (usually limited to 3 minutes per person) thus there is no opportunity to review evidence or to hear expert testimony. Decision makers cannot make informed decisions if they don’t have all the information. In this case the court did not agree that approving a management plan triggers the right to a contested case hearing—on the logic that the UH needs additional approval and authority to take any action proposed in the management plan. If additional approval is ever granted to UH to take action on Mauna Kea, we will be there to make sure the natural and cultural resources of the mountain -- and rights of the public and Native Hawaiians -- are protected.

NO New Paradigm—the plan does nothing!
The court confirmed the UH has no authority to implement the CMP and therefore the plan for all intents and purposes does nothing (good or bad). If this is the case then the UH can’t claim they are “doing” everything right this time with the TMT, like protecting cultural rights and resources or protecting the delicate environs of Mauna Kea—so the court confirmed it is not a new day and there is no new paradigm—as the UH would have us all believe-beware the hype!

A review of our cases thus far:
Many people have been asking us to provide a simplified version of the history of Mauna Kea court battles—we have them below for you to review.

As many of you may remember, in the first case which was held in federal court we asked the court to affirm that the National Aeronautics and Space Administration (NASA) needed to conduct a federal environmental impact statement (EIS) prior to the construction of the 4 to 6 telescopes NASA was proposing to build on the summit of Mauna Kea. The court affirmed our case and NASA was compelled to complete an EIS. This would be the first federal level EIS ever conducted in the 40 some odd years that telescopes have been operating atop Mauna Kea. In the end the cumulative impact assessment of the NASA EIS concluded that thirty years of astronomy development has resulted in “adverse, significant and substantial” impact to the cultural and natural resources of Mauna Kea.

While we awaited the ruling of the federal court on the NASA case we were engaged in a contested case hearing, contesting the State’s (BLNR’s) decision to give the University and NASA permission to build up to 6 more telescopes on the summit. Then in 2003, we appealed the stateʻs decision and again the court sided with us, affirming that there was no comprehensive management plan to protect the cultural and natural resources to support the construction of any new projects on Mauna Kea let alone the NASA project. The court vacated the construction permit. After the court’s decision, NASA pulled the funds for the multiple telescopes project and the project was never to be built on Mauna Kea or anywhere else.

In the meantime, the University decided to hire a public relations corporation (Ku`iwalu Inc.) to write up a management plan now known as the “University’s Comprehensive Management Plan” instead of waiting for the State to complete the management plan for Mauna Kea. The state claimed that they had no money to do a plan. Herein is the big problem, the State has a duty to the people and their resources, because the state was put in place to protect the rights and resources of Native Hawaiians and the general public on all public lands in Hawai`i (that is a trustee condition provided under the Admissions Act, a federal law). Developers and corporations on the other hand are responsible to their owners and shareholders and not to Native Hawaiians or the public. This was the beginning of the ICA case.

While the ICA case was pending the UH and the TMT Corporation rather than waiting for the ICA case to review the CMP (and perhaps in an effort to burden us by forcing us to fight on two fronts –in two separate courts) they requested a permit from BLNR to construct the giant TMT. At that point we requested a contested case hearing and that was granted. As we stated above we now await the Hearing Officerʻs decision on this case.

What is important to note is that the TMT Corporation seeking the permit (using the UH to front for them) has responsibilities to their owners and shareholders and the residents of California where they are incorporated. The TMT has no legal responsibilities to the people of Hawai`i. The TMT would have a giant footprint (over 9 acres in total) and is so big it can’t even fit on the actual summit. If built it will destroy the sacred and delicate landscape, impact the view planes and alignments to and from sacred sites from around the islands to Mauna Kea and from Mauna Kea outward, and it will impact cultural practices exercised on the summit and surrounding areas and will obstruct sunset view planes from the summit as well as views from sea level looking up and those from the ocean.

We continue our strong stand for Aloha `Aina. We ask you to continue to stand with us supporting Aloha `Aina moving for a more beautiful, clean, healthful, sustainable and just Hawai`i!

Aloha no,
Kealoha Pisciotta, President
Mauna Kea Anaina Hou