Issuing the permit to construct a 180-foot high, $1.4 billion
astronomical observatory on the Mauna Kea volcano on Hawaii's Big
Island did not comply with case law, statutes or the state
constitution, court documents showed. It also violated the
protections of native Hawaiian customs and traditions.
Astronomers consider the volcano one of the world's best places to
view the cosmos given its distance from man-made lights and high
altitude. The project won approval from state officials in 2013, but
debate surrounding it was contentious.
In November, the court temporarily blocked construction of the
telescope, a collaboration between China, India, Canada, Japan and
the United States, after a challenge by Native Hawaiians and
environmentalists who said the project would damage sacred lands.
"Even as far back as the days of the Hawaiian Kingdom, protections
have been in place to ensure the continued exercise of traditional
Hawaiian rights amidst the pressures exerted by countervailing
interests of a changing society," the court said in its opinion
issued on Thursday.
The November order followed an announcement by TMT International
Observatory, the scientific team behind the Thirty Meter Telescope
project, that site preparation work would begin that month.
For months protesters had gathered at the volcano in an attempt to
block construction.
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"We're thrilled. The opinion was really well considered," said
Bianca Isaki, a board member of KAHEA the Hawaiian-Environmental
Alliance, which has protested the construction of the project.
Henry Yang, board chair of TMT International Observatory, said in a
statement that they respect the court's decision.
"TMT will follow the process set forth by the state, as we always
have. We are assessing our next steps on the way forward," Yang
said.
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