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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Ancient Nothings

An ancient megalith here on Hawaiʻi? That would be cool, check this out!

A YouTube video of a supposed ancient megalith in North Kohala
The video I find linked on a local Facebook group shows a rayed structure on the ground a few miles north of Kawaihae, with lines radiating from a central point for a mile or more, an enormous compass that points at destinations near and far from the islands.

It is a striking feature, but it is quite the jump to claim that this is a geoglyph created by an ancient civilization.

The video explains that the feature is 120,000 years old based on the geologic datings of the lava flows on the western slope of the Kohala. Part of this dating is based on a map of the island inscribed around the compass.

I know this area fairly well, even know some of the local ranchers, I find the evidence provided by the video a bit lacking. There are more than a few real archaeological remains in the area, remains of the rich Hawaiian culture that existed in the area before western contact.

As soon as I looked at the Google satellite imagery I had a pretty good idea of what I was looking at. A few moments of research confirmed my suspicions… The pattern on the ground is a paddock system used to control cattle movements in a section of range land. I am a bit disappointed, but not really surprised.

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Aurora Timelapse

We got lucky. When it happened we were well positioned to view, and photograph the show.

The Nordic Quest Under Aurora at Helm Bay
The Nordic Quest Under Aurora at Helm Bay
With favorable conditions forecast I had been watching the sky for over a week. The fickle southeast Alaska weather had provided any number of beautiful clear nights, our even more fickle Sun was producing conditions favorable for geomagnetic activity. The two conditions finally produced a nice auroral show.

Even better, that night we were moored to a state float rather than simply sitting at anchor, or even worse, docked in a town or city. In Helm Bay, 22 miles north of Ketchikan, we had a beautiful dark sky and a perfect setting to watch the show.

With a float I had a stable platform from which to shoot time lapse video, no rocking or swinging at anchor. I could set up the camera and tripod and let the intervalometer click away for over an hour.

The video is made from 360 separate exposures compiled into a video about 30 seconds long. Each frame was 10 seconds at ISO6400 using a Canon 6D camera and a Rokinon 14mm f/2.8 lens set to f/3.2. The frames are projected at 12 frames per second in the version below.

The ten second frames are still too long, the glowing bands of light move quite quickly, at times rippling across the sky. The result is that the patterns and motion in the aurora is blurred.

The aurora was quite bright, my usual 15 second night sky shots actually overexposing. I dialed back the exposure a bit, and should probably have dialed it back a bit more.

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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Aurora

When traveling in Alaska I regularly check the weather forecast. Not just the marine forecast, but the space weather forecast.

Aurora over Helm Bay
Aurora over Helm Bay on Sept 9, 2018

Space weather? Yes, our planet has weather out in space, weather created by streams of charged particles from our star. Sun spots, solar flares, and coronal holes can all cause these emissions to intensify. When these particles impact the magnetic field around the Earth it can create a geomagnetic storm.

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