TMT stands down; Hawaii Supreme Court orders temporary stay of construction permit

HILO — The TMT International Observatory agreed to stand down on the eve of another confrontation on Mauna Kea after the Hawaii Supreme Court issued a temporary suspension of its construction permit.

The nonprofit organization was planning to send workers back to the mountain this month for machinery maintenance and repair.

Based on a media report and rumors, TMT opponents, who have blocked workers on the mountain three times, were anticipating they would return today and planned to make another stand.

Then, Tuesday afternoon the court issued the suspension through Dec. 2 after a request from a hui challenging the state’s issuance of a conservation district land-use permit for the $1.4 billion project, leaving opponents wondering if workers would still try to ascend the mountain to tend to the idle machines.

TMT spokesman Scott Ishikawa said no work would occur as a result of the court order.

“We respect the court decision and we will stand down between now and Dec. 2,” he said in an email. “The Supreme Court’s decision will give all parties involved in the appeal sufficient time to respond to the motion.”

The court order was celebrated by opponents of the project who object to construction of the giant telescope on a mountain they consider sacred.

“I would say mahalo (to the court),” said Lanakila Mangauil, one of the protest leaders. “It definitely looks like they are concerned for public safety.”

Opponents began planning for another showdown after TMT announced Nov. 10 that a “small crew of local workers” will go to the construction site sometime this month.

The purpose, TMT representatives said, would be to repair and maintain equipment that has sat idle since April following one of the first showdowns on the mountain between protesters and police. It’s not clear whether TMT planned to resume grubbing and grading work afterward.

“That’s the first work we want to take care of to make sure there is no leaking oil,” Ishikawa said on Monday, referring to the machinery maintenance. “As far as other work, we will evaluate that on a day-to-day basis.”

The organization and state officials remained silent as to what date the workers would return.

Anticipating another confrontation, Gov. David Ige in a statement Tuesday said he is committed to upholding the law and ensuring “safety of all.”

“If this work is stopped, it is not a victory,” he said. “It will harm the environment. If there is violence, as some have suggested, that is not a victory.”

Mangauil said TMT opponents were ready to make another stand and they were expecting to face an increased law enforcement presence. He said they were planning to conduct peaceful civil disobedience to stop workers from reaching the site.

Previously, Mangauil said no work should continue at the project site before the court rules on whether the state followed the law when approving the project.

He said the protest would have taken on a “very different tone” since Makahiki, a Native Hawaiian festival meant to be a time of rest and peace, started last week.

“We’ve taken it to another level of kapu aloha,” said Mangauil, a Honokaa resident, earlier this week.

“We’re standing in peace and respect for the sacred.”

The last protest in June ended with opponents tossing hundreds of rocks on the roadway, leading to a lengthy closure of the summit road. Protest leaders said that wasn’t part of the plan.

Mangauil said Monday he also was disappointed state officials had not reached out to protest leaders to discuss safety concerns and notify them what specific day crews would return.

He said that was part of the verbal agreement they made several months ago in return for ending their 24-hour vigil near the Mauna Kea Visitor Information Station.

“The agreement was they would notify us when they were going up,” Mangauil said, adding that meant notifying them of the specific day.

After TMT’s announcement Nov. 10, a state Department of Land and Natural Resources spokesman told the Tribune-Herald it intended to provide additional notice to protesters regarding when workers would return.

“That was the agreement,” said Dan Dennison, DLNR senior communications manager, last week.

“Our intent is to abide by the agreement,” he added then. “The form it will take, the details are still being worked out.”

After additional inquiries this week from the Tribune-Herald, Dennison said in an email the Nov. 10 announcement was all the notice the state intended to provide opponents.

“The public, including the protesters, have already been notified that repair and maintenance crews would return to the mountain sometime in November,” he said. “There was never an agreement to provide a specific date or time. The state only said it would provide advance notification, which it has already done.”

TMT opponents said the state failed to meet its end of the bargain.

“I honestly feel they are just playing a game, or trying to beat around the bush with what agreement was made,” said Kuuipo Freitas in a Facebook message. “Giving notice of when they’d come up includes the date, plain and simple.”

Email Tom Callis at tcallis@hawaiitribune-herald.com.