This document summarizes discussions and legal developments regarding the Thirty Meter Telescope (TMT) project on Mauna Kea. It notes that the state amended laws to exempt TMT from environmental review and that moving an existing telescope would require similar review. It also summarizes a Hawaiian Kingdom blog post that references the Hawaii Supreme Court majority acknowledging significant cultural and environmental damage to Mauna Kea's summit from existing telescopes. A dissenting justice argued further construction would constitute an adverse impact given existing degradation. The document provides context on civil disobedience and the rule of law from various sources.

1. MAUNA KEA
THIRTY-METER TELESCOPE (TMT)
THE HYPE – THE SPIN
WE ARE COMMITTED TO ENFORCING THE LAW AND SEEING THIS PROJECT THROUGH1
GOVERNOR DAVID IGE
THIRTY METER TELESCOPE INTERNATIONAL OBSERVATORY (TIO)
UNIVERSITY OF HAWAII AT MĀNOA (UH)
INSTITUTE FOR ASTRONOMY (IFA)
MAUNA KEA OBSERVATORIES (MKO)
FLOATING A TRIAL BALLOON
SEARCH FOR AN ALTERNATE SITE
CHANGING THE RULES
TELESCOPE RELOCATION TALKS ATOP MAUNA KEA ATTRACTING NEW ATTENTION
By KITV Web Staf. August 14, 2019
<https://www.kitv.com/story/40920258/telescope-relocation-talks-atop-mauna-kea-attracting-new-attention?
utm_medium=social&utm_source=facebook_KITV&fbclid=IwAR0ywnZ3kJNyYyGmUDmU67uKBjQncErnsULgv1HIAhbmrQBlply6c3nC9ZA >
Astronomy advocates proposed that one of the three telescopes that are set to
be decommissioned on the summit be moved to another part of the mountain.
The Hoku Kea Observatory is the only telescope strictly set aside for University
of Hawaii students, and it's the only one supported by demonstrators against
TMT construction.
Those fghting to protect the mountain are against its relocation arguing the
move would impair an already environmentally critical area.
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FACEBOOK CONVERSATION
Sherry Kanda
Kū kīa'i Mauna a Wakea!!
1 Ige Issues Emergency Proclamation For Situation On Mauna Kea By Big Island Video News. July 17,
2019 <https://www.bigislandvideonews.com/2019/07/17/ige-issues-emergency-proclamation-for-situation-on-mauna-kea/ >

2. Clif Hasegawa
Once decommissioned and disassembled, “reconstruction” is in fact new construction requiring
an new EIS, public hearings to comply with the law. Another in the long series of sad and
distressing situations where the Governor and his puppets are attempting to pull another fast
one, bait and switch to hoodwink the people!
Drena Rodrigues
Clif Hasegawa Ige amended the law so TMT does not have to comply with the EIS. They are
trying everything to deceive the public. Ku kia'i Mauna
Clif Hasegawa
Regrettably and respectfully I disagree. Administrative Rules implement statutory provision.
Per HAR 11-200.1-33 Severability “if any part is held to be invalid”. Please note HAR 11-200.1
is proposed. Until signed by the Governor and approved by the Attorney General it has no
force and efect. In the case of the Hawaii Super Ferry the Hawaii Supreme Court, CJ Ronald
Moon, writing for the Court, held that there are no shortcuts to the environmental review
process. An administrative rule repealing statutory law is both laughable and ludicrous! Such
cavalier display of abuse of political power by Governor Ige may very well be a violation of
Section 242 of Title 18, United States Code - Deprivation of Rights under Color of Law.
<https://www.justice.gov/crt/deprivation-rights-under-color-law?
fbclid=IwAR0rfkBRTMb3pspTUjIN_M7lLUdIN8RY8fC-JOjYgfY6iRRAJeKAT1BKifU>
Banner Fanene - Clif Hasegawa I concur.
Sharon Miller Aikau - I'm sorry. He signed it July 30th and it took efect Aug 9th.
<https://health.hawaii.gov/oeqc/rules-update/>
J John Jr - So in essence the de facto state is changing the rules mid game. Typical illegal de
facto state action.
THE LAW
HAR Chapter 11-200.1 Efective August 9, 2019.
Governor Ige signed July 30, 2019
< http://oeqc2.doh.hawaii.gov/Laws/2019-HAR-11-200.1-Signed.pdf>
Action eligible for exemption from environmental review process, “Replacement or
reconstruction of existing structures and facilities where the new structure will be
located generally on the same site and will have substantially the same purpose,
capacity, density, height, and dimensions as the structure replaced.”
HAR 11-200.1-15(c)(2)

3. KEEPING THE FOCUS
In the Matter of Contested Case Hearing Re Conservation District Use Application
(CDUA) HA-3568 for the Thirty Meter Telescope at the Mauna Kea Science
Reserve, Ka`ohe Mauka, Hamakua, Hawai`i, TMK (3) 404015:009
JUSTIA US LAW <https://law.justia.com/cases/hawaii/supreme-court/2018/scot-17-0000777.html>
The majority stated:
Construction of these observatories and roads has had signifcant
cumulative adverse impacts on cultural, archaeological, and historic
resources in the MKSR [Mauna Kea Science Reserve]. The observatories
have also had signifcant cumulative adverse impacts on geology, soils,
and slope stability in the MKSR because they signifcantly modifed the
preexisting terrain, the tops of certain pu`u were fattened to
accommodate observatory foundations, and some materials removed from
the pu`u were pushed over their sides, creating steeper slopes more
susceptible to disturbance.
Associate Justice Michael Wilson dissented from the majority of the court and
fled his dissent on November 9, 2018. At the heart of Justice Wilson's dissent
was the destruction of the summit of Mauna Kea. He acknowledged that
the party responsible for the substantial adverse impact to this protected
resource is the State of Hawai‘i (State). It is uncontested that the State
authorized previous construction within the Astronomy Precinct of the
MKSR that created a substantial adverse impact. Thus, the party that
caused the substantial adverse impact is empowered by the degradation
principle to increase the damage. Now the most extensive construction
project yet proposed for the Astronomy Precinct—a 180-foot building 600
feet below the summit ridge of Mauna Kea—is deemed to have no
substantial adverse impact due to extensive degradation from prior
development of telescopes in the summit area.

4. He concluded that the “substantial adverse impacts to cultural resources
presently existing in the Astronomy Precinct of Mauna Kea combined with the
impacts from TMT—a proposed land use that eclipses all other telescopes in
magnitude—would constitute an impact on existing cultural resources that is
substantial and adverse.”
SUMMARY EXTRACT War Crime: State of Hawai`i Supreme Court Admits Mauna Kea
Summit has been Destroyed By Dr. Keanu Sai. Hawaiian Kingdom Blog. July 15, 2019
<https://hawaiiankingdom.org/blog/war-crime-state-of-hawaii-supreme-court-admits-mauna-kea-summit-has-been-
destroyed/#_ftn6>
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Civil disobedience is, in fact, a conservative idea, a few steps short of overt rebellion.
It honors the rule of law by insisting on good law and rejecting bad law.
~ Tom Tancredo
No matter who you are or what you intend to do,
you should not exceed the boundaries of the rule of law.
~ Li Keqiang
True freedom requires the rule of law and justice, and a judicial system
in which the rights of some are not secured by the denial of rights to others.
~ Jonathan Sacks
MAUNAKEA: A MOUNTAIN OF UNMATCHED AMAZEMENT
By Britni Schock. KE OLA. 2018
<https://keolamagazine.com/culture/maunakea-unmatched-amazement/>
A view of the southern fank of Maunakea from 10,000ft after signifcant snowfall on Hawai‘i Island. photo by Andrew Richard Hara