Accessed on 09 August 2018, 0331 UTC, Post #17394.
Reporter: Tom Callis (“Hawaii Tribune-Herald”).
Please click link to read the full story.
The Hawaii State Supreme Court has decided that a contested case hearing is not necessary for the Thirty Meter Telescope sublease near the summit of Mauna Kea. The case involved E. Kalani Flores, who argued that the TMT would have a negative impact on native Hawaiian cultural and traditional practices.
In rendering the pro-TMT opinion, justices argued that ““Put simply, to mandate (the Board of Land and Natural Resources) to hold a full contested case hearing on whether it should consent to the sublease would require BLNR to bear the duplicative administrative burden of providing procedural protections that would be of no additional value in safeguarding Flores’ interest in engaging in traditional Native Hawaiian cultural practices on (Maunakea),” the ruling states.”
According to reporter Tom Callis, the justices “ruled that a contested case hearing is not required by ‘statute, administrative rule, or due process.'”
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