Court nixes Mauna Kea emergency rule

A 3rd Circuit Court judge has issued a ruling that invalidates the state’s Mauna Kea emergency rule, a regulation prompted by protests on the mountain against the construction of the Thirty Meter Telescope near the summit.

According to a joint statement issued late Friday by state Attorney General Douglas Chin and state Board of Land and Natural Resources Chairwoman Suzanne Case, the court granted a partial motion for summary judgment.

“The state acknowledges the court’s decision and will abide by it,” the statement said. “We remind people traveling to Mauna Kea that even in light of today’s ruling existing laws and rules remain. It is always illegal to block the road. This includes standing in the road or placing obstructions in the road. These laws will continue to be enforced.”

The state land board passed the emergency rule after a contentious public meeting on July 10. The state said it took the action because protesters camping on the mountain created a hazard.

The rule outlawed being within a mile of Mauna Kea Access Road between 10 p.m. and 4 a.m., unless in a moving vehicle. The rule also banned, at all times, sleeping bags, camp stoves, tens and propane burners on the mountain.