Take Action

Please join and sign the petition today!

The plan must be approved by the Council for the City and County of Honolulu before it becomes law. We are asking Councilmembers to reject the “purple spot” and protect agricultural lands throughout the Wai‘anae Coast.

Become a spot remover! You can sign this petition to tell Councilmembers NO to more loss of precious rural agricultural lands! And NO to government that serves wealthy developers over the interests of local families and communities!

You can learn more and sign the petition at: http://tiny.cc/purplespotpetition

View, download and share the informational fact sheet here: http://tiny.cc/purplespotinfo

Public hearings on the TMT permit application will be held on December 2 (Hawaii County Council Room, Hilo) and December 3 (NELHA Gateway Center). More hearing info at:  http://hawaii.gov/dlnr/occl/hearings-workshops

We’re still reading through the documents, and we’ll be back with our comments and analysis soon. In the meantime, we wanted to share 3 facts, and 3 questions about the current paradigm of managment and decision-making on Mauna Kea:

- There exists a Mauna Kea Management Board, which is supposed to be like a community management entity. It is comprised of seven members of the community who are nominated by the UH Hilo Chancellor and approved by the UH Board of Regents. (see http://www.malamamaunakea.org/?page_id=80) UH appoints 100% of the
members of this Management Board, while at the same time benefiting financially from accelerated telescope development, in what they claim to be a “correct and representative” process.

- Mauna Kea is currently being leased and subleased for $1/year. (Some of the sub-leases are gratis!) Hawaii law (HRS 171) says that “ceded” lands (crown lands) must be leased for fair-market value. We know that telescope “viewing time” can go for at least $80,000/night (this is what Yale recently agreed to pay in a $12 million dollar deal with the
Keck Observatory) http://opa.yale.edu/news/article.aspx?id=6437. How is $1/year fair-market value for the years of development that has already taken place? We are now being asked to consider further development, under an existing economic paradigm which does not conform to the law.

- No study has ever been conducted to assess the carrying capacity of the mountain for development. Further, the only cummulative study on the impacts of past development (an EIS conducted by NASA in 2005, as a result of litigation by OHA) found the cummulative impacts of telescope development on Mauna Kea to be “significant, substantial and adverse.” Hawaii state law prohibits permits for projects in conservation districts that cause significant and adverse harm.

Three Questions:
(1) What is the carrying capacity of the summit for development? How can we know, unless we study it?
(2) How intensely can we industrialize in the conservation district, before its meaning and purpose as conservation lands is lost?
(3) Are the current “economics” of telescope development ($1/year leases) leading to optimal allocation of resources between astronomy and cultural and natural resources? Who wins? Who loses?

*Take action for Mauna Kea and protection of Hawai`i’s sacred summits today! Sign the petition at: http://bit.ly/petitionsacredsummits

Mahalo to EVERYONE who came out to make their voice heard on proposed changes to rules governing conservation and coastal lands in Hawai`i.

On relatively short notice, nearly 700 individuals and 34 organizations representing thousands more put down their name to tell the Lingle Administration and DLNR, “Hey, not so fast!” on these proposed rules rollbacks.

As you know, the proposed rollbacks affect over 2 million acres of lands, 51% of the “ceded” lands trust, as well as all public trust waters, reefs and ocean in Hawai’i nei.

Now, a new version of the proposed rules has just been released. Thanks to you — and your attendance at the hearings, your written comments, and your letters to the editor — we are at least seeing a final draft of the proposed rules with more than six days’ notice. (Six days is all that is required!) MAHALO!!!

It looks like the final rules will be heard and voted on by the Land Board in November (either Nov. 12th or 22nd). You can find the final draft of the rules and a general letter from Sam Lemmo here: http://hawaii.gov/dlnr/occl/documents-forms/proposed-13-5-amendments

We are continuing to analyze this final draft, but on first read, it looks like many of the most dangerous proposals have been taken out. This would not have been possible without so many coming to the table to take collective action in defense of conservation lands in Hawai’i nei.

That said, there is still work to be done! We continue to have serious concerns about some of the rollbacks being proposed and strongly believe that the process for these rule changes has been improperly rushed. It is important that we continue to make our voices heard.

As soon as we know the date and time of the hearing, we’ll let you know.

What can you do in the mean time? Please tell your family and friends about this issue and ask them to click-and-send testimony to the Land Board.

More resources:
- Action Page on the KAHEA website – http://salsa.democracyinaction.org/o/2699/p/dia/action/public/?action_KEY=4660
- Great piece in the Honolulu Weekly by Rob Parsons – Read “DLNRn’t“
- Op-ed in the Star-Advertiser by Jon Osorio and Vicky Holt-Takamine – Read Op-ed
- Fact Sheet: http://tiny.cc/conservationlands

If you’ve ever been witness to a bulldozer in a wahi pana, or seen a poorly planned and damaging development, you know why these kinds of protections are so important! Please take the time to ask your friends and family to stand with you in defense of our conservation districts. Mahalo for making a difference for Hawai’i nei!

From our friends and ‘ohana at Sierra Club Hawai’i Chapter:

In a 7-1 vote last week, the State of Hawaii Land Use Commission approved Castle & Cooke Homes Hawaii, Inc.’s proposed reclassification 767 acres of farmland to the urban district. Castle & Cooke proposes to build thousands of new homes and a medical complex at Koa Ridge between Mililiani and Waipio.

The Sierra Club, Hawaii Chapter, as a party to the case, asked the Commission to deny the reclassification because the project would adversely impact an already congested highway and prime agricultural lands.

“Castle & Cooke’s plan for Koa Ridge is the epitome of urban sprawl,” said Robert D. Harris, Director of the Hawaii Chapter of the Sierra Club. “When we’re importing 85 to 90% of our state’s food, it’s absurd to pave over land that has been consistently and profitably providing food for O`ahu.“

The Sierra Club brought expert witnesses before the Commission earlier in the year that testified about the detrimental impacts of losing nearly 800 acres of some of the best farmland in the state. Even Castle & Cooke’s own expert noted that the Koa Ridge proposal would develop approximately 5% of O`ahu’s remaining prime farmland (soil rated “A” and “B” under the ALISH system). The State Department of Agriculture testified that fifty percent of O`ahu’s prime farmland had been paved over in the past fifty years.

“Diversified agriculture increased 475% between 1990 and 2004,” said Harris. “There has been a resurgence of interest in eating in a local and sustainable manner. But if we want further growth in agriculture, we need to have the farmland.”

There are other anticipated demands on farmland, like growing bioenergy, which will require thousands of acres of farmlands with a ready supply of irrigable water. “It’s a slippery slope,” Harris continued.  “As we develop more agricultural land, it drives up the cost for the remaining parcels and makes it more difficult for other farmers to grow local.”

One knowledgeable scientist testified that University of Hawaii faculty researchers are concerned O`ahu will lose its capability to feed itself unless large farmlands like Koa Ridge were preserved. “We’re just one hurricane away from starving,” said Harris.  “We’re dangerously reliant on food from being shipped into O`ahu. Preserving and growing agriculture in the State is a matter of basic food security.”

Other witnesses testified about the surplus of land already proposed for development in Central O`ahu and the negative impact of increased traffic on folks traveling along the H-1 corridor. The state’s traffic expert testified that the peak “rush hour” traffic could extend bottlenecks on the H-1 freeway potentially from as early as 5:00 am in the morning and similar hours in the evening.  The H-1 already has a grade “F” designation, the worst service traffic level.

The Sierra Club believes that the housing demand can be met without sprawling on more agricultural lands in Central O`ahu. Existing urban areas in Central O`ahu, such as Wahiawa and Waipahu, should be redeveloped. Further, over 13,000 units of housing have already been approved on over 1500 acres of agricultural land for new growth in Central O`ahu. Although the developer claims that new land must be developed to meet growing demand, population in some surrounding Central O`ahu communities actually decreased between 1990 and 2000.

“O`ahu is hitting some real limits to growth. We need to start redeveloping built areas instead of paving our finite and precious farmlands,” said Harris. “Particularly with plans for over 13,000 new housing units already on the books for Central O`ahu, it’s outrageous that the Commission would authorize new development of the best agricultural lands in the state.”

For more information, you can check out Sierra Club on the web at http://www.sierraclubhawaii.com/media.php

And here’s coverage from back in May of part of the LUC hearing on Koa Ridge: http://the.honoluluadvertiser.com/article/2010/May/21/bz/hawaii5210320.html

Mahalo to all who took action in the last few months, asking the Army Corps of Engineers to hold a public hearing on a permit to allow Hawai’i Ocean Technology, Inc. (HOTI) to build a proposed 247-acre ahi tuna feed lot off the Kohala Coast. 100% of the feed for this project would be imported from fisheries in places like Peru, and 90% of the tuna they feedlot will be exported to Japan and the continental U.S. (Does this sound like local food sovereignty to you? Not so much.)

Last week, we got news that HOTI has withdrawn their permit application. They may still be looking to do a smaller one-cage “experimental” operation. We’ll keep you updated. But for now, count this is a victory for the ocean.  Mahalo for your action! Thanks to you, we’re a little closer today to a collective vision of food sovereignty and a functioning food system for Hawai’i. To learn more or to join the hui in support of pono aquaculture, you can go to www.ponoaqua.org

We attended the Honolulu scoping meeting on the Navy’s planned expansion of sonar and underwater munitions testing and training activities two weeks ago. We’re still working on processing the information and our thoughts about the process. In the meantime, we thought we’d share these thoughts from Uncle Jim on Moku o Keawe about their experience in Hilo:

From Uncle Jim Albertini:

Tonight’s (8/26/10) EIS Scoping Meeting on Navy expansion plans for Hawaii and the Pacific was more hardball than the Marines similar meeting of 2 days ago. (Then again, at the Marines meeting we had retired Marine Sergeant Major, Kupuna Sam Kaleleiki, to open the path with a pule and the initial public testimony.)

The Navy EIS personnel weren’t nearly as respectful of the right to public speaking and the community being able to hear each others concerns.  Some of the Navy team were downright arrogant, insulting and contemptuous.  Initially the Navy wasn’t going to allow us to bring our portable sound system into the Hilo H.S. cafeteria to hold a citizen public hearing.  Finally with police presence brought in, the Navy yielded the last hour of the planned 4-8PM event to our citizen hearing.

Some of the Navy EIS team were blatantly rude in not listening to community speakers and carried on their own conversations.  Before the public testimony, we invited all present to join hands in a pule and asked for mutual respect, and open minds and hearts.

The Navy refused to have any of their personnel take notes to make the public comments part of the official record of scoping concerns.  Community people were very respectful of the Navy personnel as human beings, but the aloha spirit wasn’t returned by many of the Navy people present.  Too bad.

Many of the Navy people were hard set to their format. Tour the science fair stations, and  If you wanted to comment, put it in writing or type it into a computer.  We were told over and over.  This is not a public hearing. No public speaking is allowed.

Last week Wednesday, a group of about 25 or 30 people came together for a screening of the film Mauna Kea: Temple Under Siege from Puhipau and Joan at Na Maka o ka Aina. Mahalo also to Native Books/Na Mea Hawai`i for hosting us, to Rey for mixing the `awa for us, and to Kamu and Miwa for running back to downtown at the last moment to bring the TV from our office!

Mahalo to Rey for providing the kanoa and to everybody at Na Mea for hosting us!

Despite the technical difficulties the audience graciously and patiently hung in there! Uncle Ku shared about the huaka`i (trips) that their Mauna Kea have been taking.  It is so inspiring to see how much ground they’ve covered! It is so important for us to, both figuratively and in this case physically, walk the path of our ancestors.

Uncle Tane, Uncle Baron, and Uncle Ku--awesome mana`o, mahalo for sharing!

Far too often culture and tradition are relegated to the past, with all modern day iterations appearing either as museum displays, placards or reenactments.  I think physically having our feet on the dirt does something to us–it was really beautiful to hear about their journeys and rediscovery together.  My favorite story was about their journey in 2003 on Ka La Hoihoi Ea (a Hawaiian National holiday commemorating the return of sovereignty after a short occupation by a British dude named Lord Paulet).

The simple act of honoring this day is cool in itself, but in 2003 the Mauna Kea Hui hiked to the summit with our national flags to raise them at the highest peak in the archipelago.  The pictures look super windy! What powerful images on so many levels!

If you’d be interested in hosting a screening of this film, email shelley@kahea.org  We only have a limited number of DVDs to lend out, but we do want to share the message as much as we can.

Also, here is a link to the online petition, please feel free to pass this link along far and wide.  We are in the process of getting a new website up, but this one will have to do for a couple more months! E kala mai!

Mahalo to Pono Kealoha for documenting this event!

Last week Wednesday (8/18/2010) about 25 Wai`anae residents and supporters came out to wave signs expressing their opposition to a proposed industrial park in Lualualei Valley. People, young and old, and of all different walks of life stood side by side, sharing messages of strength and solidarity.

The mission was really two fold–yes, we were targeting the Land Use Commissioners who were visiting the proposed site, just to make sure they wouldn’t get any crazy ideas that this community wants an industrial park. The second purpose was really for everyone else driving by, because most of the people who live on the Wai`anae Coast have never heard of plans for another industrial park in the valley. Response was mostly positive, lots of head nods and horn honks.

We had some pretty good press coverage too, KITV and KHON stopped by, along with the Hawai`i Independent and FLUX Hawai`i Magazine. Click below to see KITV’s full story.

Click here to watch story.

Here’s more from Marti who was with the commissioners on the site visit:

Members of the Land Use Commission made an official site visit to the parcel of farmland that Tropic Land proposes to turn into an industrial park. They drove up Lualualei Naval Access Road and then back down Hakimo Road, over the new the roadway that Tropic cut to connect the Navy Road to Hakimo Road. The Commissioners saw first-hand all of the farms along Hakimo Road, the profile of Maui, the Hoaliku Drake Preschool, and the narrow intersection at Hakimo and Farrington Hwy.

Checking out the preschool along the curvy Hakimo Rd. on the way to the proposed industrial park. Also taking a moment to introduce the group to our kupua, Maui!

Interestingly, just seconds after the developer’s attorney said it was too hot and arid to grow palm trees on the property, the sky opened and big drops of rain fell. We got drenched as we drove down Hakimo Road.

Umbrellas out in full effect as Lono gives kokua to show the commissioners that it does indeed rain in the valley!

Please come share your mana’o on the proposed industrial park at the Land Use Commission hearing on Thursday September 9th at the Kakuhihewa Bldg. in Kapolei, 9:30 am. You can hold one of the beautiful signs you see here, or bring your own!

Mahalo nui loa to Pono Kealoha for the photos!

We got our August issue of the excellent Environment Hawai’i in the mail the other day!

On DAR’s proposed list of activities that they believe should be exempted from doing environmental assessment, they write, “DAR’s proposed list appears to exempt every type of permit and license issued by the division.” Including live rock and coral collecting permits and all permits for Papahanaumokuakea in the Northwestern Hawaiian Islands.

There is also great coverage of Waimanalo Gulch violations and wet-noodle enforcement from the Department of Health, and excellent reporting on this summer’s WESPAC meetings.

Mahalo to Pat and Teresa for their excellent investigative reporting! You can support Environment Hawai’i by subscribing today!

We had our first sign-making party in the “Keep Waianae Country” effort.  We are getting ready for the Land Use Commission to visit the parcel of farmland that Tropic Land proposes to turn into an industrial park.  Their visit happens on Wednesday August 18th at 1:30 pm.

Want to join us?  We’ll be on Farrington Highway where it intersects with Lualualei Naval Access Road and with Hakimo Road at 1:00 pm.

Can’t make it, but still want to participate?  Then make a sign in support of keeping Waianae country, take pictures of you and your friends holding the sign, and then send the pictures to us at miwa(at)kahea.org.  We’ll make sure the LUC sees it.

And if you live along the navy road or Hakimo road, then hang a sign on your fence where everybody can see it.   We’ll be passing out the beautiful signs we made next week.  Let us know if you want one.

Big Mahalo to everyone who came out to help us make signs.  It was a lot of fun.  And who knew Tyler would turn out to be poster-painter extraordinare… in addition to top ace legal intern?!  Finger painting ain’t just for kids anymore!

(Mahalo to the talented Mark Fiesta for the picture)

The latest scoops from legal intern Tyler on legal proceedings around the push to protect agricultural and preservation lands in Waianae currently threatened with industrialization. Fenceline to farms and homes, an industral park and new landfill are proposed on this area in the middle of one of Hawai’i's largest communities of Native Hawaiians. It’s a justice thing, and it’s a kākou thing!

From Tyler:

We last left you with some tremendous victories following the Land Use Commission’s granting our Motion to Intervene.  This means, as you may remember, that we get to sit at the big kids table and play hardball.  As dates are solidified and we proceed, our first act as official Intervenors is to order fancy name plates for our desks that say “Intevenor” on them.  That was a joke.  They say “Super Intervenor.”

All jokes aside, our first OFFICIAL act was to submit a Statement of Position.  It’s essentially a formality that lets everyone at the big kids table know what we’re playing for. Environmental and cultural justice. Here’s what we believe to be true:

Tropic’s proposed development ignores:
1) The cultural significance of Wai‘anae
2) The Wai‘anae Sustainable Communities Plan
3) The characterization of Urban land

Think of this as a game of Monopoly.  Tropic Lands owns a parcel not on the game board.  Let’s call it Insensitive Avenue.  They really want to be in the game, because they believe they can make a nice chunk of change.  But they can ONLY do this on Insensitive Avenue.  So what do they do?  They cry “JOBS!” and then they ask the state Land Use Commission (LUC) if they can amend the rules and put Insensitive Avenue on the game board.

The problem is: If we let Insensitive Avenue on the game board, then we MUST put Greedy Place and The Capitalism Railroad into play.  And in fact, this is the purpose of the rules. The reason Community Plans and Zoning Regulations are made? To prevent unruly development in a community and to maintain balance. Not to mention mediating ongoing insensitivity to cultural concerns.

We understand the need for economic development.  We understand the need for jobs in Wai‘anae.

In actuality, all we’re asking is that you put your industrial park in an area that is compatible with your development plans.  Like… Maybe put the industrial park in an already industrialized area?  That seems fairly logical to me!  How about you folks reading this?

This area is Preservation/Agriculture Land.  Let’s keep it  that way. There are some incredible alternatives being proposed by communities members–everything from a gateway park to an agricultural incubator.

Now that the big kids know what we’re  playing for and why, we gotta show them what we’re playing with. The Scottish Terrier. Or the thimble!  Joke.  In fact, we’re playing with  people who are experts in their fields, and we believe their expert testimonies will expose to the Commission some undeniable truths behind this bad proposal.

Stay tuned!

We’re liking this thought-proving post from journalist Anne Minard, on the “next great telescope race”–Day 14 of her “100 Days of Science.” She asks some great questions about the fundamental purpose of the two U.S. proposals for “next generation” giant land-based telescopes being proposed for construction within the next 10 years. Do we really need THIS much telescope, guys?

Charles Alcock, director of the Harvard-Smithsonian Center for Astrophysics, acknowledged that the two telescopes are headed toward redundancy. The main differences, he said, are in the engineering.

He said the next generation of telescopes is crucial for forward progress in 21st Century astronomy.

“The goal is to start discovering and characterizing planets that might harbor life,” he said. “It’s very clear that we’re going to need the next generation of telescopes to do that.”

And far from being a competition, the real race is to contribute to science, said Charles Blue, a TMT spokesman.

“All next generation observatories would really like to be up and running as soon as possible to meet the scientific demand,” he said.

But when I asked him why the United States teams haven’t pooled their expertise to build a single next-generation telescope, Blue declined to comment.

In all, there are actually three teams (two from the U.S., and one from Europe) racing to build the first of these giant land-based telescopes: Extremely Large Telescope (Europe), TMT (U.S.), and Giant Magellan Telescope (U.S.). (And no, we’re not making these names up… in almost every description we could find, these bad boys are characterized first and foremost by their massive size.) The total estimated price tag for all this summit development? $2.6 billion dollars.

In the midst of this competition to build the first and the largest,  the worldwide community of those who share aloha for sacred summits are humbly asking:  for time and real consideration for native ecosystems, threatened endemic species, the cultural meaning of sacred space, cultural practice, and the natural and cultural heritage we have to pass forward to next generations… all in short supply on earth today. Can we not rationally slow down this latest race for space, in the interest of the future of life on our own planet?

Today, DLNR is proposing a “wild laundry list” of EIS exemptions for DLNR-managed lands, from building new roads to chemical herbicides. That’s 57 pages (fifty-seven!) of exemptions. Yeesh. We are asking the Office of Environmental Quality and Control (OEQC) to send DLNR back to the drawing board. If you or your organization is interested in participating in a group letter to OEQC or just want to know more about this issue, please contact Marti at marti@kahea.org by Friday morning.

Yesterday, the Mauna Kea hui (Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, KAHEA, and Clarence Kukauakahi Ching) filed the opening brief in our appeal to the Intermediate Court of Appeals challenging the Comprehensive Management Plan (CMP) for Mauna Kea.  The Circuit Court had denied our case on the theory that the CMP didn’t actually do anything to affect the summit.

If the CMP doesn’t do anything to affect the summit, then how can the University of Hawaii proceed with its proposal to build the Thirty Meter Telescope?  Answer: they can’t.

The University of Hawaii — the sole creator, proponent and implementer of the CMP — simply can’t have it both ways. Either the CMP meets the legal requirements for construction in a conservation district and therefore does “something”… a “something” for which rightholders like the Mauna Kea hui can ask a court review.  OR… the CMP doesn’t actually do anything, and therefore doesn’t meet the pre-requisite that a conservation district have comprehensive management before anything is built there … thus prohibiting the construction of a new massive telescope.

Here is the introduction to the hui’s opening brief:

This case is about the Board of Land and Natural Resources’ (“BLNR”) preferential treatment of the University of Hawai‘i’s astronomy program and its complete disregard for the protected rights of Native Hawaiian and other users of the summit of Mauna Kea.  On its face, the University of Hawai‘i’s Mauna Kea Comprehensive Management Plan (“CMP”) purports to broadly and actively regulate all uses of the Conservation District of Mauna Kea’s summit, including the religious, cultural, and recreational activities of the Mauna Kea Appellants.  But the BLNR chose to completely ignore the CMP’s impact on Mauna Kea Appellants’ rights, duties and privileges.  Contrary to its obligations under Hawai‘i Revised Statutes (“HRS”) Chapter 91 and Department of Land and Natural Resources (“DLNR”) regulations, (Hawai‘i Administration Rules (“H.A.R.”) §§ 13-1-28 – 13-1-40), the BLNR issued its final decision to approve the CMP without holding a full and formal contested case proceeding. Record on Appeal, 2009 (“ROA-2009″) at 20-27.

The Mauna Kea Appellants appealed the BLNR’s final decisions to the Third Circuit Court of Hawai‘i (“Circuit Court”).  ROA-2009 at 1-15.  Appellees BLNR and the UH entities refused to transmit the administrative record to the Circuit Court and instead filed a Motion to Dismiss the appeal.  ROA-2009 at 254-265, 268-282.  Incredibly, the Circuit Court determined, without ever reviewing the CMP or the rest of the administrative record, that the CMP was a harmless “unimplemented” document and dismissed the appeal for lack of jurisdiction.  ROA-2009 at 369-372; Record on Appeal, 2010 (“ROA-2010″)  at 1-9.

The Mauna Kea Appellants respectfully request that this Court reverse the Circuit Court’s order and remand this case to the Circuit Court: (1) with a finding that the Circuit Court has jurisdiction, under HRS § 91-14 and/or H.A.R. § 13-5-3 to review Appellants’ appeal from the BLNR’s final decisions; or, alternatively, (2) with a finding that the Circuit Court misapplied the standard of review for a motion to dismiss for lack of subject matter jurisdiction, particularly where the issue of subject matter jurisdiction is intertwined with the merits of the Appellants’ appeal.

In other words, please give the Mauna Kea hui its day in court.  Here is a link to the full opening brief.

Big mahalo to our attorneys, Colin Yost and Elizabeth Dunne, for working so hard on our behalf.