Justice Wilson’s Dissent

In the wake of the supreme court decision on the TMT conservation district use permit last month, many like myself have been reading the opinions of the court. I was pleased to see that the justices were very clear in their views, there is very little room for any future legal steps in this case. This decision sets clear precedents for future land use cases that will certainly occur over the same issues.

Aliʻiōlani Hale
Aliʻiōlani Hale housing the Hawaiʻi Supreme Court. CC Image by D. Logan/Wikimedia Commons
The majority opinion is a systematic refutation of each argument made by telescope opponents. This is particularly true in the numerous trivial matters that opponents attempted to inflate into major issues. Issues like Judge Amanoʻs ʻImiloa membership, or the brevity of some responses to the absolute snowstorm of submissions in the contested case.

In addition to the majority opinion you may read the quite interesting concurring opinion by Justice Pollack. He agrees with the majority on the final result, but promotes using existing frameworks to judge land use cases such as this. It is also interesting the dissenting Justice Wilson joins in this concurring opinion, at least for the first three parts.

The dissent written by Associate Justice Michael Wilson was published almost two weeks later than the majority opinion. The reason for this delay is not given, it is possibly a result of Justice Wilson analyzing the majority opinion and responding to it in his dissent.

As is often the case with decisions like this, it is more interesting to read the dissent than the majority opinion. Any flaws or weaknesses in the case can be examined and can be more informative. This case is an exception to that, the dissent is interesting, if for somewhat different reasons.

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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
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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When the Ground Trembles

Earthquakes have been a hot subject over the last couple months around here.

A seismic sensor made from three Honeywell QA-1400 accelerometers
A seismic sensor made from three Honeywell QA-1400 accelerometers
We live on an island that regularly shakes a bit, the consequence of living with active volcanoes. Obviously this has implications for the great telescopes atop Mauna Kea, every once in a while we experience an earthquake with the potential to cause damage.

The ongoing collapse of the summit caldera on Kilauea has been generating a daily five point something earthquake. While not powerful enough to damage the facility, these events do show up in the data each night, bumping the telescope, disturbing the tracking, and occasionally ruining an exposure.

USGS Earthquake Map for May 6, 2018
USGS Earthquake Map for May 6, 2018
Along with at least one strong earthquake, there are well over five hundred small quakes occurring daily as the eruption continues and Kilauea Caldera continues to subside.

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Puna Glow

Puna is glowing.

Not a good glow when you consider that glow is from a raging river of lava between fissure 8 and the sea at Kapoho. Still it can be pretty under the rising Milky Way. I stayed late at work and took a few photos on the way down the mauna. Click on the image for full scale goodness…

Puna Glow
The glow of lava in the clouds and vog over Puna. Five image panorama with a 14mm lens from the summit of Mauna Kea.

A Very Unstable Day

The ground beneath us is one constant in life you just expect to never change. Solid and unyielding, we build our lives upon the firm foundations of the Earth. When this constant betrays us it is truly disconcerting. The world loses some of its comforting stability.

Last Friday was a day when our islands were reminded of the instability of our world in a rather abrupt fashion.

USGS Earthquake Map for 1May2018
USGS Earthquake Map for May 6, 2018
It was clear weeks ago that the volcano was restless. volcanophiles like myself found ourselves checking the reports and charts daily. The deformation graphs are a good indication of what is going on inside the volcano.

The tiltmeters indicated that pressure in the caldera and Puʻu Oʻo had been building steadily. At the same time the activity in the 61g lava had been waning. Where was the magma going?

While speculation was rife, no one really knew what was coming. Three decades of eruptions from Puʻu Oʻo has become somewhat routine. People forget that Kilauea can be, and usually is much more unpredictable. That destruction can appear anywhere on her flanks.

USGS Leilani Eruption, 5 May, 2018
Lava emerges from a fissure in the Leilani Estates subdivision on May 5th, 2018, photo from the USGS
The first lava surfaced Thursday afternoon in the neighborhood of Leilani Estates. The observatory staff had gathered to celebrate a pau hana that afternoon, an early Cinco De Mayo celebration with Mexican food. Many of us ate our tacos and quesadillas in the conference room, where the large screen was showing drone video of the first fissures.

We worried about the homes in the neighborhood and the people we knew who lived in the area. We compared notes, recalling who lived exactly where, fearing the lava flows would quickly spread. This was looking like a worst case scenario, a repeat of 1955 with more people and homes in the way.

Despite the outbreaks of lava in the rift zone the previous afternoon, we expected a routine Friday atop Mauna Kea. I had a list of tasks to complete… Inspect the K1 azimuth wrap, drill some anchor points to allow installation of the new ice monitor receiver on the roof, look for some spare parts for an encoder.

It should be an easy day on the summit… It was not.

Friday became a day I will remember for a long time to come.

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