More than two dozen people and groups filed to intervene in the Thirty Meter Telescope contested case by Tuesday’s deadline.
More than two dozen people and groups filed to intervene in the Thirty Meter Telescope contested case by Tuesday’s deadline.
The motions are scheduled to be considered during a June 17 hearing in Hilo.
Those that are approved would join the existing six petitioners who challenged the project’s land use permit for Mauna Kea during the previous contested case four years ago.
The permit review is being redone after the state Supreme Court ruled in December that the state Board of Land and Natural Resources violated due process rights by voting in favor of the permit before starting the original contested case.
The quasi-judicial hearing will result in a recommendation for or against issuing a construction permit.
The proposed intervenors include the law firm representing the TMT International Observatory, a group of pro-telescope Native Hawaiians and numerous Hawaiians who protested construction of the 180-foot-tall telescope on the mountain last year.
The Land Board selected retired 3rd Circuit Judge Riki May Amano to oversee the next contested case, though it remains to be seen if she will remain in that role by the time of the hearing in Hilo.
Attorneys representing the petitioners, the University of Hawaii at Hilo and TMT International Observatory have all requested she be replaced, but not for all the same reasons.
Richard Wurdeman, who represents the petitioners who are challenging the project’s placement on Mauna Kea, requested the Land Board replace Amano after it became known she has a family membership pass at the ‘Imiloa Astronomy Center, located at UH-Hilo, the applicant for TMT’s land use permit. He alleged the pass created the appearance of a conflict of interest.
Wurdeman also raised objections to the procedures BLNR followed to select Amano and advertise the position.
UH-Hilo and TMT representatives say they disagree with Wurdeman’s objections but last week also asked for a new hearings officer as a strategic move, since they expect her selection to be used to challenge the land permit, assuming the hearings officer recommends its approval.
Their requests occurred after they became aware that Amano also is serving as a mediator in a dispute involving UH-Manoa. That could be used to allege a conflict of interest or the appearance of one, potentially derailing the project again if the permit is re-approved, they say.
Amano officially declared her mediation role May 25.
As of Tuesday evening, the board, which already affirmed its support for Amano after rejecting Wurdeman’s complaints, had not responded to those requests.
According to the state Department of Land and Natural Resources’ website, 26 individuals and groups filed motions to intervene as of Friday. That list wasn’t updated by press time Tuesday.
The hearing to consider their requests is scheduled for 10 a.m.-1 p.m. in the County Council chambers at 25 Aupuni St.
A second pre-hearing conference is scheduled afterward.
Email Tom Callis at tcallis@hawaiitribune-herald.com.