The TMT Contested Case Winds Down

We are now in March, looking back to October when the TMT contested case began. Five months of hearings endlessly repeating the same details about every aspect of the case.

Yes… My patience has run out long ago.

Retired Judge Riki May Amano
Retired Judge Riki May Amano presides over the TMT contested case hearing
After all that has been said and done it is clear that the actual substance of the case could have been thoroughly discussed in a couple weeks, not five months.

Among the endless hours of testimony there have been occasional moments of fireworks. We have heard wild theories, mangled science, inexcusable ignorance, evidence of unemployment claims fraud, and several very likely incidents of outright perjury by telescope opponents.

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To Play in the Snow

There are days when it seems like the entire island population comes to Mauna Kea. This is certainly the case on a snow day, the first day the road is open after a fresh snowfall will see a crowd of folks ascending to the summit to play in the snow.

Loading Snow
Loading pickup trucks with snow for export from the mauna.
This winter the snow came for Christmas, several feet of snow just before the holiday. MKSS was able to plow through the snowdrifts and open the road for the public on Christmas Eve. The result was predictable, hundreds drove up to the snow to enjoy a white Christmas.

One local tradition is the hauling of snow from the summit to the beach. On some days dozens of pickup trucks can be found on the summit, or filled with snow making their way down the mountain road. The snow will be the basis of parties and games on the beach or in green tropical lawns. Online you can find photos of snowmen under palm trees or snowball fights and smiling keiki on Hilo yards.

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TMT Opponent’s Alternative Facts

A number of other commentators are noting the use of alternative facts by telescope opponents. While I have commented a few times here on DV about the issue, it is heartening to note that I am not alone in this.

Ahu
An ancient ahu (shrine) at 11,000ft on Mauna Kea
Environment Hawaii has published a number of articles that cover the ongoing TMT contested case. The latest is quite critical of Sierra Club Director Marti Townsend’s recent testimony. The article is quite forthright in noting a list of factual errors in her testimony.

Many of the witnesses have testified on cultural and religious issues, no problems here, these are personal matters where there is no objective truth. But over and over we have seen witnesses make very specific physical and scientific claims that are simply wrong. It will be interesting to see how these inaccuracies are addressed in the findings of the hearing officer.

No, Mrs. Townsend, there are no glaciers on Mauna Kea. There used to be, about ten thousand years ago, but they are gone now.

Distanced from Reality

On Monday I tuned back into the TMT contested case hearing, it is a soap opera that has become rather addictive over the last few months. I will often keep the video feed up in the corner of my monitor, attempting to pick up the more interesting bits through the day.

Michael Lee
Michael Lee testifies at the TMT contested case hearing Jan 24, 2017
Mr. Lee claims to be a papakilohoku, a star priest, I tuned into his testimony with some interest. As an amateur astronomer who has spent countless nights under the stars observing with hand made telescopes, or simply my unaided eyes, I am very familiar with the sky. I hoped he would relate some interesting Hawaiian sky lore while on the stand, a new legend or two. What I heard instead was a mangled version of astronomy that would embarrass any ancient Polynesian navigator.

Mr. Michael Lee was offered as a witness by Harry Fergerstrom, one of the more extreme participants in the ongoing contested case hearing. It is no surprise that this witness would espouse some of the more interesting claims made against the TMT project. I expected some wild claims, I was surprised at just how wild.

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Professional versus Layman

With a few notable exceptions the petitioners in the ongoing TMT contested case hearing are lay people with no background in astronomy or the natural sciences around which much of the testimony concerns. Sometimes this disparity results in innocent misunderstandings, something to be expected. Unfortunately in this case these misunderstandings are all too often used to justify ugly insinuations or even accusations of misconduct by telescope opponents.

The Thirty Meter Telescope
An artist concept of TMT at night, with the laser guide star system illuminated.
It is usually the terminology that starts these misunderstandings… During cross examination of master navigator Chad Babayan petitioner Mehana Kihoi asked, “Do you have a degree in astrology, Mr. Babayan?” You could see a moment of confusion on Mr. Babayan’s face “Astro?” Not deterred she asks again, “A degree in astrology?” There is only one response to this… “No, I don’t.” Mr. Babayan answers. This is not the only time that the pseudoscience of astrology has been confused with astronomy in these proceedings. The vast difference between the two completely escaping the notice of so many laypersons.

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Hawaiian Enough?

As the TMT contested case drags on we continue to watch. Thanks to the efforts of the staff of Nā Leo TV the entire proceedings are streamed live. Several of the latest witnesses for the University are Hawaiian supporters of the telescope project, it is these voices that I am most interested in hearing.

Retired Judge Riki May Amano
Retired Judge Riki May Amano presides over the TMT contested case hearing
It is when the questioning begins that things get ugly. Question after question challenges the integrity of the witness. The questions challenge their personal values as if to say “You are not Hawaiian.” Over and over the questions were repeated, each successive question designed to attack the cultural identity of the witness…

“Where did you grow up?”
“How old were you when you learned that?”
“Who taught you that?”
“When was the last time you were on Mauna Kea?”
“When did you last worship on Mauna Kea?”
“Where did your family worship?”
“Do you pray to Poliʻahu?”
“Who are the parents of Poliʻahu?”

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Online Outrage

What is it about online commenting that enables people to make totally racist and insulting comments?

TMT Protest in Waimea
A protest against TMT in Waimea, May 27, 2015
This is something I have been seeing all too often in the recent round of local controversies. This is nothing new, we all know and see it if we participate at all in online forums. But I can not just let it slide, I cringe every time.

I make a point of following the pro/anti TMT issue. It is an issue that reveals some of the simmering tensions here in the islands, among those are issues of race and cultural identity.

You cannot reason with zealots. They deify a pile of rocks and worship a mythical past which was in reality a Hobbesian fantasm of violence, disease and poverty. – Richard Johnson Esq. in a Civil Beat comment

I have neglected to include the most egregious comments here, they are just too rude for me to re-post. You will just have to settle for the moderately insulting comments here. Want to see the worst? Just wait for another TMT article in the local press and read the comments.

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The TMT Contested Case Proceeds

We have been through weeks of the TMT permit contested case hearings at this point, with no end in sight. I have often kept the live feed in the corner of my computer screen through the day.

The Thirty Meter Telescope
An artist concept of TMT at night, with the laser guide star system illuminated.
Many of the petitioner’s efforts are well prepared and professional, particularly those from Mauna Kea Anaina Hou. Other are less so, to be expected when the participants are not experienced in legal proceedings.

Other petitioners seem unable or unwilling to understand repeated instructions from the hearing officer. At least most of the grandstanding has settled down as it became apparent that it would not be tolerated in the hearing room and that Judge Amano would evict those who repeatedly disrupted proceedings.

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Alone with the Mountain

Several times during the recent contested case hearings I have listened to telescope opponents ask witnesses on the stand and under oath, “Have you asked the mauna?” or “Have you asked Poliʻahu?” I have heard a dozen variations on the question, but that is the general sense of it. They are asking if the witness has asked the gods or goddesses who are reported to dwell on Mauna Kea if building the telescopes is allowed. Poliʻahu in particular, the goddess of snows and ice, is identified with the summit of Mauna Kea.

Summit and Winter Milky Way
The winter Milky Way over the summit of Mauna Kea
The question strikes a particular resonance with me, returning to my thoughts again and again. I consider my relationship with the mauna, is it pono that I continue to work at an observatory and support the construction of TMT?

I think of all the nights I have spent alone on the mountain. So often I have sat in the quiet, with nothing but the mauna and the stars. Sometimes I am sitting beside a small telescope, and taking a break to simply enjoy the night. Sometimes I am waiting for a camera, somewhere nearby in the dark. Sometimes I am just sitting doing nothing at all, simply enjoying the beauty of this place. In any case I am alone with the silence, the stars, the mountain, and my thoughts.

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Election Day

Tomorrow is election day. A day so many of us have been awaiting, and dreading. This election has seen so much rancor, so much passion, it is difficult to measure by any past standards. Tomorrow it will be over in one way, and I suspect, just starting in others.

I Voted
I Voted sticker, image credit: Wikimedia
I will not be joining the line at our local polling place. Not because I do not want to vote, but rather as I have already voted. I stopped by the Waimea Community Center last week and voted early.

This election is too important and life has a way of disturbing any plans. Not that my vote will decide the presidency, that will have already occurred by the time polls close in Hawaii. But rather it is too important to me personally. I can not abide the thought of not having voted in this election, an election where so much is at stake for our country.

There is only one acceptable outcome tomorrow… That Trump loses hard. That our country rejects hate, rejects divisiveness, rejects racism, and rejects the lies. I, like so many others, will be watching the election results very closely tomorrow, sweating the results from each battleground state. It will be a long day.