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From Marti:

News coverage of the court hearing on the University’s plans for Mauna Kea characterized our opposition to the plan as anti-development.  It said:

“(opponents) want to block new development on the mountain by stopping approval of the management plan.”

As one of our kupuna pointed out, actually the motivation is all the University’s part.  She said

“advocates for more telescopes on the summit want the UH CMP rushed to completion in order to move forward with several new development plans.”

While it is true that as long as there is no plan there is no TMT, that is not the desired outcome for the plan.  We’re not trying to block the plan to stop TMT.

What we do want is the opportunity to have a real plan–one that arises out of a transparent process and allows communities to articulate a public vision for the future of these extremely important public trust lands. That is what a public planning process is supposed to do. The point is that we have been denied the kind of critical, public and open discussion that would lead to such a plan. In its place, we are being told to shut up and accept a plan that was written by the university and driven by its interest in telescope development and telescope dollars.

We have long said that we want a fair opportunity to talk through and determine together how astronomy and cultural practice and natural conservation coexist–in what form, by what rules, and with what limits–on the summit. This is not an unreasonable ask. The University is wasting precious public education dollars on motion after motion in this case, because they are unwilling to compromise in any way on their development plans. For the University, this case is all about TMT. For advocates of the mountain, this case is not about TMT at all. It is about our standing, and the right of the people of Hawai’i to determine the future of a unique, irreplaceable summit that is part of Hawai’i's public trust.

Click here to read the article from the Hawaii Tribune Herald.

From Marti:

Yesterday morning, the Third Circuit Court heard oral arguments on the University of Hawaii’s motion to dismiss our appeal for a contested case hearing on the University’s new management plan for Mauna Kea.

Though we are still waiting for the judge’s ruling, the hearing made one thing clear: supporters of this “CMP” also support more telescopes (and more desecration and destruction) on the sacred summit.  Less than a dozen people sign-waved outside the Hilo courthouse during the hearing with pre-printed signs that said “Mauna Kea TMT Yes!”  If you ever doubted the connection between more telescopes and the University’s CMP, then yesterday’s demonstration of support for the “Thirty Meter Telescope” at a hearing on the CMP should make it clear that the University wrote this CMP to facilitate telescope construction on Mauna Kea.  Indeed, the CMP does not speak to any limitations on telescopes or a carrying capacity for the summit.

…unless, of course, if by “TMT” they meant “Too Many Telescopes.”

And, Mahalo Nunui!! This is just a little shout out to all of those who took time out of their workday to sit in solidarity with us before the judge.  Mahalo for your unwavering support.

Want to help? Click here to sign up for action alerts and receive regular court updates. And click over here to donate directly to the Mauna Kea Legal Defense Fund.

Have a greener holiday party this year, and no, I’m not talking about your Christmas tree.

Sustainableparty.com has come up with a guide to direct the common person on having sustainable and environmentally friendly parties.

The guides covers issues that include: Community, Resource Conservation, Food, Transportation Materials and Waste Management. Even if you only practice one of their recommendations this year, you will feel better about this wasteful (sometimes even frivolous) season.

Please click on the following link to view these easy and practical ways to reduce your holiday impact:

Sustainable Party Best Practices

From Marti:

The Defend Oahu Coalition is looking to you to help keep the country country.  A developer is close to receiving the last set of permits necessary to proceed with a massive resort complex on the North Shore. Your participation can help to protect Oahu’s shorelines from construction and the rural character of this community. Take a look at their update below and please try to attend their community meeting tomorrow evening 6:30 pm at Kahuku High School Cafeteria.

TURTLE BAY TALKSTORY II

Tuesday, Dec. 8th at 6:30-9:00
Kahuku High School Cafeteria

From Defend Oahu Coalition:

This is the second in a series of Community Forums regarding the future of Turtle Bay. The City’s Department of Permitting and Planning is reportedly very close to issuing final subdivision permits to the developer at Turtle Bay which will allow him to move ahead with the outdated plan for five additional hotels and one thousand more resort condominiums. The State Supreme Court is set to hear Oral Arguments regarding the Keep the North Shore Country case asking for a Supplemental Environmental Impact Statement.

The existing property is formally changing owners this month, who are reportedly working on a new business model for the resort. This is a crucial time to get updated about the current situation. Efforts aimed at building on plans for preservation as well as sustainable land use enforcement at City and State levels will also be addressed.

Notable speakers invited to attend include: Governor Lingle, Representatives Abercrombie and Hirono, Mayor Hannemann, Turtle Bay Advisory Working Group Chair Bill Paty, Senator Clayton Hee, Councilmember Donovan Dela Cruz and Interim Developer for Kuilima Resort Company Stanford Carr. The moderator for the evening will be Dee Dee Letts, a member of the Ko’olauloa Neighborhood Board and longtime community activist.

Click here to learn more from the DOC.

The Pacific garbage patch is so large it cannot be precisely measured. It is estimated to be twice the size of Texas and  one of five in the world. Out of sight, out of mind? I think not.

Light bulbs, bottle caps, toothbrushes, Popsicle sticks and tiny pieces of plastic, each the size of a grain of rice, inhabit the Pacific garbage patch, an area of widely dispersed trash that doubles in size every decade and is now believed to be roughly twice the size of Texas. But one research organization estimates that the garbage now actually pervades the Pacific, though most of it is caught in what oceanographers call a gyre like this one — an area of heavy currents and slack winds that keep the trash swirling in a giant whirlpool.

PCBs, DDT and other toxic chemicals cannot dissolve in water, but the plastic absorbs them like a sponge. Fish that feed on plankton ingest the tiny plastic particles. Scientists from the Algalita Marine Research Foundation say that fish tissues contain some of the same chemicals as the plastic. The scientists speculate that toxic chemicals are leaching into fish tissue from the plastic they eat.

The researchers say that when a predator — a larger fish or a person — eats the fish that eats the plastic, that predator may be transferring toxins to its own tissues, and in greater concentrations since toxins from multiple food sources can accumulate in the body.

It may be out of sight, but it should be on your mind. After all, the effects could end up in your body. 

For the captain’s first mate, Jeffery Ernst, the patch was “just a reminder that there’s nowhere that isn’t affected by humanity.”

To read the rest of the article, click here. 

On December 9th, the Third Circuit Court will hear oral arguments on the University of Hawaii’s motion to dismiss our case. As reported in the Hawaii Tribune Herald, the University’s argument basically comes down to this quote:

“In the absence of a contested case hearing, a circuit court is without jurisdiction even to consider the question of whether a contested case hearing was required.”

This motion is the University’s attempt to end this case before both sides have a chance to fully argue the issues for Judge Hara.  The issues raised in this case go to the foundation of our collective right to defend our public trust of natural and cultural resources from private exploitation.

The Land Board denied our request for a contested case hearing on the University’s plan to further develop the sacred summit based on the contention that we (Native Hawaiians and the public concerned about protecting the summit) do not have a “property interest” in the mountain.  By their logic, without a property interest in the mountain — like a deed — we have no right to challenge the decisions the state makes about the mountain.

We have suffered through many controversial lawsuits under the Lingle Administration.  Sadly, this case is no different.  The ceded lands case, the Superferry case, the NWHI permit case, and now this new Mauna Kea lawsuit are all examples of the Lingle Administration favoring private exploitation of Hawaii’s resources over the constitutionally protected rights of Native Hawaiians and the public to protect our land.  The Administration appears blind to the decades worth of court decisions that have solidified Hawaii’s unique public trust approach to natural and cultural resource protection; seeing only the glint of dollar signs behind every plan to exploit public resources.

This has nothing to do with Hawaii being business-friendly or not and has everything to do with Hawaii being exploited as a testing ground for those seeking to make a buck one way or another: Monsanto, Hawaii Ocean Technology, Inc., TMT Corporation, Superferry, Inc.  All of the benefits of these experiments on our land and ocean will be enjoyed by people other than us and all of the risks of these experiments — contamination, damaged land, failed projects — will be suffered by us, those connected to the Hawaiian Islands by more than just paper property interests.

For the generations of kamaaina to come, we cannot allow Hawaii’s unique and effective public trust doctrine to be diluted.  That is why we must fight the Land Board’s latest decision about the University’s plan for Mauna Kea.  And we could really use your help.  Forcing the government to follow its own laws is really expensive. Please consider giving to the Mauna Kea Legal Defense Fund by clicking here or by calling KAHEA at 877-585-2432 (toll-free).