What Raised Voices Can Do

Citing Concerns Raised in Testimony, UH Asks for and is Granted a Delay on its Mauna Kea Lease Request

In a rather unexpected move on Friday, December 13, 2013, UH-Hiloʻs Chancellor Donald Straney asked the Board of Land and Natural Resources to delay their decision on UH’s Lease of the Mauna Kea Science Reserve until UH could conduct an environmental review under Chapter 343 of the Hawaii Revised Statutes. Speaking to an over-capacity crowd, Straney cited the concerns raised by public testimony as the main reason for UHʻs request, noting that UH took these concerns “seriously.”

NHLC attorney, Kauila Kopper, argued that instead of deferring, UH should either withdraw its request or the Board should deny the request outright.

In response, UH’s hired gun, attorney Ian Sandison from the corporate law firm of Carlsmith Ball, argued that UH did not wish to withdraw its request, but wanted a deferral in order to conduct a Chapter 343 study, set a schedule, and then come back to the Board on the same issue. Sandison represented that there would be no changes in the details of the proposal and, therefore, a withdrawal was not necessary. 

Both Board Member Sam Gon and Board Member David Goode supported a withdrawal of the request. Member Goode made the following arguments: 1 - it could take possibly as long as two years or more to complete the environmental review process, 2 - there would be a different Board sitting when the request came back, 3 - the findings of the environmental review would need to be incorporated into the new proposal, and 4 - UH’s reasons for not withdrawing were inadequate.

The Board went into Executive Session to discuss its legal options with its attorney.

When they returned, Sam Gon commended the move to do an environmental review, especially in light of the “very long history” of this project, the recent testimony, and the fact that the last time an environmental review was conducted, the cultural requirements component of the review was not required. Member Gon warned he expected that the issues raised in the testimony and those raised in the environmental review would be wholly incorporated in the new lease application submission.

Citing concerns over the rental amount, David Goode continued to argue for withdrawal as a cleaner alternative. Goode, whose term on the Board ends June 30, 2014, strongly urged future submissions and future Boards to address the rent amount issue.

Sam Gon asked that it be noted in the minutes that he agreed with David Goode’s concerns. In his words, “such a globally signficiant place should attract the funds needed to properly manage it.” Moreover, UH should be sure to include adequate funding for biological and cultural issues.

Reed Kishinami moved that the Board grant the deferral until the completion of an environmental review.

Members Jimmy Gomes, William Aila, Reed Kishinami, and Sam Gon all voted in favor. David Goode voted against, arguing the lease request should have been withdrawn. Member Pacheco did not participate in the vote or discussion due to a conflict of interest as his company receives permits from the Office of Mauna Kea Management. 

This is a huge victory for us! Instead of our voices simply crying in the wind, we forced UH to stop its forward momentum AND LISTEN. We have members of the powerful Board of Land and Natural Resources repeating our raised concerns. This is the power of committment and public voice! 

As the BLNR was meeting on Friday, in Hilo, Third Circuit Court Judge Nakamura heard arguments in the Mauna Kea Hui’s contested case hearing over the BLNR’s decision to grant the permit to build the Thirty Meter Telescope. Not unexpectedly, Judge Nakamura "took matters under advisement" so the outcome is uncertain for at least a couple of weeks, possibly even months (hopefully not years!). Those in attendance report that Nakamura paid particular attention to the procedural issues raised by the Hui, including BLNR’s handling of contested cases. 

We thank each of you who have helped the Mauna Kea Defense Fund, whether financially, spiritually or physically. Because of your voices and support, we have stopped UH’s progress on Mauna Kea in its tracks. . . at least for now. We also have opened up a new forum for further public comment. But the fight isn’t over. We still need your help! Stay tuned for future Calls to Action. Meanwhile, financial support, no matter how small, can help the Mauna Kea Hui continue to ensure that UH treats Mauna Kea with the respect and care it deserves.

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