This is not a joke. The initial proposal will be heard by the BLNR this Friday. Meeting starts 9 am. Hard to say when the telescope plan will be heard. I'll post more when I get the info.
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Here's an open letter from my friend Kealoha (who has been fighting to protect the mountain for many years), which explains some of the issue:
Aloha Kakou,
We have received many inquiries from supporters, wishing to remain in
standing for the protection of Mauna Kea, regarding the meetings
called by the University of Hawai`i's planning firm--Ku`iwalu
Consulting LLC. It is our understanding that Ku`iwalu Consulting LLC
is contacting various groups and individuals to meet with them to
discuss a "comprehensive management plan" for Mauna Kea "pursuant" to
the recent court order. There are a number of problems with the
claims and assertions being presented to the pubic by the University
and Ku`iwalu. (/Please see also attached letter from Mauna Kea Hui to
BLNR regarding other University/Ku`iwalu meetings/)
As many of you already know recently the people and the Mauna Kea Hui
plaintiffs (Mauna Kea Anaina Hou, Sierra Club, Hawai`i Island
Chapter, Clarence Ching and the Royal Order of Kamehameha I) won the
case for the protection and conservation of Mauna Kea. However, both
the University and BLNR are appealing this court decision, a decision
that specifically calls for the protection and conservation of Mauna
Kea. All of the above named plaintiffs are back in court in the
Intermediate Court of Appeals, against both the BLNR and University.
In short, the University is seeking to have the lower court decision
protecting Mauna Kea overturned.
We are not participating with University/Ku`iwalu nor can we in good
conscience encourage others to participate in the meeting being
sponsored by the University and Ku`iwalu for the following reasons:
1. Ku`iwalu Consulting LLC is hired by the University and
therefore is an agent for the University. The University is the
developer of Mauna Kea. It is inappropriate for the developer (a
conflicted party) to determine the scope of public access, Native
Hawaiian rights, conservation and development of Mauna Kea all at the
same time.
2. We are plaintiffs in the current lawsuit and must preserve our
arguments for the court, hence we cannot participate in these
meetings. The lower court decision was clear, the BLNR has the duty
to protect and conserve the entire summit of Mauna Kea. The court
called for a Conservation Plan for Mauna Kea, not a Development plan
for more telescopes/observatories. We believe it is inappropriate for
any developer including the University to claim to be the controllers
of any conservation lands such as those of Mauna Kea.
3. The University/Ku`iwalu Consulting is claiming they are
following the court order for protection of Mauna Kea, but if this is
in fact the case, then why is the University still appealing the
court order? It is inappropriate to claim to to be following the
court's order while simultaneously seeking to have the court order
overturned.
4. The BLNR is the legally responsible entity mandated to protect
and conserve the delicate cultural and natural resources of all
conservation districts in Hawai`i, including Mauna Kea. The
University is not the legally responsible entity and cannot make
claims that they are. It is inappropriate for them to call the public
to participate and to give testimony on the use of conservation lands
when they have no legal authority or say over these lands. The
University is only a leasee/developer, and as such is required to
follow the BLNR rules of conservation for the Mauna Kea Conservation
District. Furthermore, the Supreme Court has address this questions
numerous times and has repeatedly held that State may not transfer
their legal responsibilities to anyone else, including developers.
The University's claim that they are doing this with BLNR consent
ignores previous court rulings on this same question.
We hope this clarifies our positions regarding the
University'/Ku`iwalu's call for meetings and public input on Mauna
Kea. As the court process continues we will do our best to keep
everyone informed and updated. We remain firm in our commitment for
no further development, destruction and or desecration of Mauna Kea.
We remain steadfast in our commitment for Justice, Peace and Aloha
for the `Aina and People of Hawai`i and the World. We thank you all
for your show of Aloha and support for Mauna Kea--it gives us hope
and strength to continue to resist further destruction of Mauna Kea
and to stand for the life--Aloha that Mauna Kea brings to the World.
Aloha no,
Kealoha Pisciotta
I will try to attach her letter to BLNR here.
Mahalo!
Replies
Aloha Kakou,
We have received many inquiries from supporters, wishing to remain in
standing for the protection of Mauna Kea, regarding the meetings
called by the University of Hawai`i's planning firm--Ku`iwalu
Consulting LLC. It is our understanding that Ku`iwalu Consulting LLC
is contacting various groups and individuals to meet with them to
discuss a "comprehensive management plan" for Mauna Kea "pursuant" to
the recent court order. There are a number of problems with the
claims and assertions being presented to the pubic by the University
and Ku`iwalu. (/Please see also attached letter from Mauna Kea Hui to
BLNR regarding other University/Ku`iwalu meetings/)
As many of you already know recently the people and the Mauna Kea Hui
plaintiffs (Mauna Kea Anaina Hou, Sierra Club, Hawai`i Island
Chapter, Clarence Ching and the Royal Order of Kamehameha I) won the
case for the protection and conservation of Mauna Kea. However, both
the University and BLNR are appealing this court decision, a decision
that specifically calls for the protection and conservation of Mauna
Kea. All of the above named plaintiffs are back in court in the
Intermediate Court of Appeals, against both the BLNR and University.
In short, the University is seeking to have the lower court decision
protecting Mauna Kea overturned.
We are not participating with University/Ku`iwalu nor can we in good
conscience encourage others to participate in the meeting being
sponsored by the University and Ku`iwalu for the following reasons:
1. Ku`iwalu Consulting LLC is hired by the University and
therefore is an agent for the University. The University is the
developer of Mauna Kea. It is inappropriate for the developer (a
conflicted party) to determine the scope of public access, Native
Hawaiian rights, conservation and development of Mauna Kea all at the
same time.
2. We are plaintiffs in the current lawsuit and must preserve our
arguments for the court, hence we cannot participate in these
meetings. The lower court decision was clear, the BLNR has the duty
to protect and conserve the entire summit of Mauna Kea. The court
called for a Conservation Plan for Mauna Kea, not a Development plan
for more telescopes/observatories. We believe it is inappropriate for
any developer including the University to claim to be the controllers
of any conservation lands such as those of Mauna Kea.
3. The University/Ku`iwalu Consulting is claiming they are
following the court order for protection of Mauna Kea, but if this is
in fact the case, then why is the University still appealing the
court order? It is inappropriate to claim to to be following the
court's order while simultaneously seeking to have the court order
overturned.
4. The BLNR is the legally responsible entity mandated to protect
and conserve the delicate cultural and natural resources of all
conservation districts in Hawai`i, including Mauna Kea. The
University is not the legally responsible entity and cannot make
claims that they are. It is inappropriate for them to call the public
to participate and to give testimony on the use of conservation lands
when they have no legal authority or say over these lands. The
University is only a leasee/developer, and as such is required to
follow the BLNR rules of conservation for the Mauna Kea Conservation
District. Furthermore, the Supreme Court has address this questions
numerous times and has repeatedly held that State may not transfer
their legal responsibilities to anyone else, including developers.
The University's claim that they are doing this with BLNR consent
ignores previous court rulings on this same question.
We hope this clarifies our positions regarding the
University'/Ku`iwalu's call for meetings and public input on Mauna
Kea. As the court process continues we will do our best to keep
everyone informed and updated. We remain firm in our commitment for
no further development, destruction and or desecration of Mauna Kea.
We remain steadfast in our commitment for Justice, Peace and Aloha
for the `Aina and People of Hawai`i and the World. We thank you all
for your show of Aloha and support for Mauna Kea--it gives us hope
and strength to continue to resist further destruction of Mauna Kea
and to stand for the life--Aloha that Mauna Kea brings to the World.
Aloha no,
Kealoha Pisciotta
I will try to attach her letter to BLNR here.
Mahalo!
Letter-to-blnr-regarding-ku`iwalu-cmp-briefing_april_11_2008.doc