contested case – A Darker View

TMT Permit Upheld by State Supreme Court

Mid-morning the awaited news found me… The Hawaii State Supreme Court has upheld the conservation district use permit for the Thirty Meter Telescope on Mauna Kea.

The Thirty Meter Telescope site as seen from the top of Keck 2 dome

We had been waiting for this decision for some time. Based on the usual length of time the court takes to decide a case the decision should have appeared well over a month ago.

To no one’s surprise, the court took a little longer with this particular case. A case fraught with many questions that are hotly debated in this state.

The news quickly fueled a firestorm of mainstream media articles across the country and social media postings. The pro-telescope communities I participate in were celebrating. Opponents were decrying the decision with responses that range from disbelief to inflammatory.

Mid-afternoon found me atop the Keck 2 dome to check on some instrumentation. From there I had a perfect vantage point to look down upon the TMT site on the north plateau. I stopped to consider what those few acres of rock below had cost so far in terms of time and passion.

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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 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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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.

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.

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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