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HONOLULU – After years of delay, including long legal battles and pbadionate protests from people willing to be arrested for blocking construction crews, builders of a giant telescope are planning to build the company. $ 1.4 billion instrument on a mountain considered sacred.
The 4-1 decision of the state Supreme Court upholding the project's construction permit on Tuesday is a victory for the controversial 30-meter dispute slated for Hawaii's highest summit, Mauna Kea. Opponents say the telescope is going to desecrate a sacred land on the big island. Supporters say this will bring educational and economic opportunities to the state.
Astronomy and Native Hawaiians "The uses on the Mauna Kea have coexisted for many years and the TMT project will not reduce or restrict the uses of native Hawaiians," the decision said. The advanced telescope will answer some of the most fundamental questions in the universe, and Hawaiian natives will also benefit, the decision said.
Deputy Judge Michael Wilson was dissenting but did not immediately give his opinion.
New lawsuits are still possible, said Attorney General Russell Suzuki. A motion for reconsideration may be filed within 10 days and then an application may be made to the United States Supreme Court for reconsideration, he said.
Kealoha Pisciotta, one of the main opponents of the telescope, said that she did not know what their next steps would be, but that she did not hope that new legal wrangling would help them.
"The court is the last bastion of democracy," she said. "The only other option is to go down to the street.If we lose the integrity of the court, you lose public order, and the only other option is that people get up."
Opponents and supporters were waiting for the decision as it was to help determine whether the project is being built in Hawaii or whether it is being moved to a rescue site located in the Canary Islands, Spain, less desirable for scientists who wish use this instrument for revolutionary discoveries.
Henry Yang, chairman of the board of governors of the TMT International Observatory, said in a statement that he was grateful that the decision authorizes the construction of the telescope on Mauna Kea.
Governor David Ige, who said he was satisfied with the decision, promised to protect the rights of protesters and telescope builders. "The court's decision will allow Hawaii to continue leading the world in astronomy," said Ige.
Suzanne Case, Chair of the State Department of Lands and Natural Resources, said telescope builders would submit their construction plans to next steps. The ministry will review the plans before giving permission to go ahead.
The projects for this project date back to 2009, when scientists selected Mauna Kea after a five-year global campaign around the world to find the perfect site.
The project received a series of approvals from Hawaii, including a building permit on protected land in 2011.
The protests disrupted a ceremony of inauguration and a Hawaiian blessing ceremony on the site in 2014. After that, protests intensified.
Construction was halted in April 2015 after 31 protesters were arrested for blocking the job. A few months later, a second attempt to resume construction ended with more arrests and retreat of crews after encountering large boulders on the road.
Scientists worship the mountain for its summit above the clouds that offers a clear view of the sky with very little air and light pollution.
The telescope will allow astronomers to go back 13 billion years to answer fundamental questions about the advent of the universe.
In December 2015, the state Supreme Court canceled the permit, finding that the process of approval of the land council was flawed. This meant that the application process had to be redone, requiring a new hearing.
After often giving emotional testimony at the 44-day hearing, the retired judge, who presided over the proceedings, recommended granting the permit.
Opponents again appealed after the land council approved the permit. They complained of various due process issues, including the fact that the Hearing Officer was in conflict of interest because she was a member of a Big Island Astronomer. .
The connection has been "over-attenuated," and membership does not lead to support the telescope, the Supreme Court decision said on Tuesday.
A group of California and Canadian universities constitute the telescope company, with partners from China, India and Japan. The primary mirror of the instrument would measure 98 feet (30
Telescope parts were built in California and partner countries, while construction of Mauna Kea was halted.
Reactions to the decision of two native Hawaiians showed how much the issue had divided the community.
Opponent of the Kahookahi Kanuha telescope, who was twice arrested for blocking the construction, said the Hawaiians must be prepared to resist the construction by nonviolent demonstrations. He had a message for them: "Hoomakaukau", get ready.
Richard Ha, a native Hawaiian farmer who supports the telescope, said the long process that led to the decision was "pono", or right. He said that he wanted to sit down with his opponents, "talk about history" and find a common ground.
Jennifer Sinco Kelleher, Associated Press
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