Contested Case Hearings were held in the U.S. Occupational Government’s State of Hawaii Supreme Court, stemming from a Conservation District Use Permit authorised and issued by the BLNR for the Thirty Meter Telescope to be constructed atop Mauna Kea. The majority ruling affirmed the BLNR permit issued on September 27, 2017. The following lists the rulings by judge with direct links to the Judicial Opinions.

The Justices on the Contested Case Hearing were:

  • Recktenwald, C.J.,
  • McKenna, J.,
  • Pollack, J.,
  • Wilson, J., and
  • Circuit Judge Castagnetti in place of Nakayama, who recused himself.

Of the five Justices, Recktenwald, McKenna and Castignetti concurred in full and made up the Majority ruling to affirm the BLNR permit.  Pollack concurred in part, but dissented in part as well.

A 73 page Opinion of the Court was released on October 30th, 2018 expressing the Majority decision.

On the same day, Pollack’s Opinion was released which expressed his partial dissent from the majority.  Highligted were concerns that Article XI of the Hawaii State Constitution were not applied in full by the Majority: “All public and natural resources are held in trust by the State for the benefit of the people.”  Wilson concurred with Parts I-III of the Pollack Opinion.

As of yet, Wilson has not released his Dissenting Opinion, however, once released we will update this post and add it here.