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Hawaii's top court halts construction on sacred Native mountain






A view of Mauna Kea in Hawaii. Photo from KAHEA: The Hawaiian-Environmental Alliance / Facebook

Native Hawaiian activists celebrated on Wednesday after the state's highest court halted construction of an observatory on top of a sacred mountain.

The Hawaii Supreme Court ruled that the state Board of Land and Natural Resources issued the permit for the Thirty Meter Telescope without reviewing a petition filed by Native opponents. They believe the $1.4 billion project will desecrate Mauna Kea, the most sacred peak on the big island of Hawaii.

"Once the permit was granted, appellants were denied the most basic element of procedural due process–-an opportunity to be heard at a meaningful time and in a meaningful manner," Chief Justice Mark E. Recktenwald wrote in the 58-page decision. "Our Constitution demands more."

Mauna Kea is already home to 12 observatories that Native activists have opposed for years. The permit for the Thirty Meter Telescope will be reconsidered as a result of the ruling.

Get the Story:
Hawaii Supreme Court voids telescope construction permit (AP 12/2)
Hawaii Court Rescinds Permit to Build Thirty Meter Telescope (The New York Times 12/3)

Hawaii Supreme Court Decision:
Mauna Kea Anaina Hou v. Board of Land and Natural Resources (December 2, 2015)
Concurring Opinion (December 2, 2015)

Related Stories:
Dina Gilio-Whitaker: Sacred sites destroyed for observatories (12/02)

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