Monitoring the TMT Contested Case

I have not had a chance to attend any of the contested case meetings, they are taking place in Hilo on workdays. Following along by reading all of the court documents is almost as good, maybe better. Big Island Video news has also posted quite a few videos of the proceedings where you can watch and get a feel for the tone and process of the hearings.

TMT Rendering
An overhead view of the proposed Thirty Meter Telescope, credit TMT Observatory Corporation
All of the filings are available online, posted to the DLNR website. There are now over two hundred filings, with at least a few added almost every day. They detail the legal maneuverings of all of the parties as they make claims and counterclaims over every issue in the case.

It is clear that the telescope opponents have a couple basic strategies, neither of which address the issues. First is simply to delay and obstruct. Every decision is appealed and contested, from who is party to the case, to the selection of the hearing officer herself. Attempts to limit the discussion to the issue at hand have been vigorously contested by those who have other agendas.

One observation is that witness lists of telescope opponents are extensive, 39 persons on the Mauna Kea Anaina Hou (Doc-103 and Doc-104) list alone. To be fair, many of the the opponents do only have a few witnesses to call, but the sheer number of participants makes the resulting numbers a bit excessive. Reading through the various lists I fail to see where each witness will bring unique testimony to the case. In contrast the University and other supporters have very brief witness lists with only a handful of witnesses requested. Certain names do stand out… Dr. Sai, a well known sovereignty proponent. UH Chancellor David Lassner is present. Even Governor Ige has been listed, a request that is already subject to extensive legal wrangling.

A common theme in both the hearing room behavior and in the document opponents claim that they have been subject to personal attacks or harassment. Claims are made that they are “under duress” despite the fact that participation in this proceeding is entirely voluntary. Judge Amano has gone out of her way to explain methods by which opponents could participate in the hearings without being full parties in the process and subject to the associated paperwork and attendance burdens.

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Lava at the New Ocean Entry

The lava has been flowing into the ocean for a little over a month now and all my photographer friends are posting great photos. It is really past time I got myself down to Kalapana to see the lava. The real problem is that my vehicle has been in the shop and I had no way to carry the bike. The answer? Don wanted to make another go at it, his bike rack holds two! Can you pick me up on your way past Waikoloa?

61G lava flow ocean entry
The 61G lava flow ocean entry at Kamokuna under the light of a full Moon
While the lava is further from the end of the road than on my previous hikes, a full 4.5miles, it is actually easier to get to. When earlier flows looked like they would cut the main highway into Puna the county re-cut Chain of Craters road across the lava flows. The road is closed to motor vehicle traffic, but foot and bicycle traffic is allowed. This gives a direct access to the current 61G lava flow without having to cross country for miles across older flows.

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Getting to the Lava

Note! The contents of this posting are obsolete, there is currently no surface lava accessible on the island. When it does reach the surface again I will most likely be there, look to see an update of this article in the future!

The 61G flow reached the ocean a month ago, but only this last weekend did I get a chance to go out and see it for myself. It is quite a bit further to go than previous visits, about four and a half miles, but is it also much easier. I realized that my Getting to the Lava post is a bit outdated and a serious update is in order.

The 61G lava flow ocean entry at Kamokuna
The 61G lava flow ocean entry at Kamokuna
The 61G flow began on May 24th, breaking out on the southeastern flank of Pu’u O’o. The flow moved fairly quickly, cutting the re-built Chain of Craters Road and entering the ocean on July 26th. The flow is quite vigorous with an ample supply of lava. There are currently multiple surface breakouts and multiple ocean entry points. The flow is building new land near Kamokuna, the lava delta has added around 11 acres to the Big Island in one month.

61G Lava Flow Map
Map of the 61G lava flow as of July 2nd
With easier access and a dramatic ocean entry the 61G flow is drawing large crowds of visitors that have come to see the spectacle. In my opinion the trip is very much worth the effort. Still, there are inherent risks in experiencing raw nature like this. A little preparation is in order and may prevent a visit from becoming an emergency.

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Māmane

One of the most striking features of Mauna Kea is the māmane forest. These native trees are generally found from 5,000-9,000ft elevation on the slopes of the mountain. The māmane (Sophora chrysophylla) is highly variable in appearance, growing as a shrub or a tree, bearing bright yellow flowers in late winter months.

At around 8,000ft there is a fence built to keep feral sheep and cattle out of the māmane forest and to protect the endangered palila (Loxioides bailleui).  Above this fence the trees thrive, below the fence the forest is nearly dead.  The hillsides scattered with relic trees where no young trees survive the herbivores to replace them. While desolate in appearance these old trees can be quite photogenic.