« Kilauea Volcano Eruption Photos, August 2008 | Main | Kamau »

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341c02ce53ef00e553d10f9c8833

Listed below are links to weblogs that reference Reaching For The Stars:

Comments

Feed You can follow this conversation by subscribing to the comment feed for this post.

Andrew Cooper

Did you catch yesterday's Honolulu Advertiser article on TMT? It does seems awareness of the project is growing in the community.

The comments make interesting reading, much of what you expect and a little I didn't expect. I addressed some of it on my blog today...

I agree with you in that the project represents a real alternative to tourism as an industry to support the local economy. That is the message we need to press.

Kealoha Pisciotta

Aloha Mr. Ha,

Recently your public statements (and Blog statements) regarding your support for University of Hawai`i (UH) and their agent Ku`iwalu’s push for the gigantic TMT telescope to be built atop Mauna Kea were forwarded to me. You state:
“Because of and Thanks to Kealoha Pisciotta, Paul Neves, Clarence Ching and others who challenged procedures, Judge Hara directed that a Comprehensive Management Plan be done before building can proceed on
Mauna Kea.”
And,

“If this Comprehensive Management Plan is done correctly, there will be
guidelines to follow that results from suggestions gathered from the
community, scientific analysis as well as cultural and religious
practitioners.”

While it is not clear to me, if you are simply confused and/or misinformed or actually mean to confuse and/or misinform others; nevertheless, your commendations combined with your attempt to claim Judge Hara’s decision as a win for the University are not only inaccurate but could be construed by us as disingenuous. You are either arguing we support your push for the TMT or that you have supported our work all these years. Neither could be farther from the truth since both are false.

First, we are opposed to further development atop Mauna Kea, and always have been therefore we are opposed to UH-UC-Caltech constructing the TMT atop Mauna Kea. It is one thing for you to claim you support a project like the TMT—we have no problem with your right to support the TMT---but it is not okay for you to use our names to further your positions or to create the impression we are on board with you. We are not in support of the TMT being built on Mauna Kea—so I expect you to be truthful about our real positions.

Second, throughout the years the HIEDB, of which you are the Vice President, has taken an adversarial position against us. And while I can’t speak to what you represent to your membership, what I know is that the HIEDB, spent years opposing all of us in the Mauna Kea Contested Case, with its lawyers (Tsukazaki, Yeh and Moore) submitting motions after motion parroting the UH motions against the Sierra Club, the Royal Order of Kamehameha I, the Mauna Kea Anaina Hou and Mr. Clarence Ching. As a matter of fact, HIEDB just submitted another motion parroting the UH against our positions in the Mauna Kea case in the Intermediate Court of Appeals. So you can not honestly sustain a claim that HIEDB has supported our work all these years.

Lastly, neither you nor HIEDB can claim Judge Hara’s ruling as a win for the University. The HIEDB, UH and the State lost the case and that means we won. Judge Hara did not order the UH to do a Comprehensive Management Plan as you claim. Judge Hara ordered the state to do it. We know this because we were the Plaintiffs’ and because the court found in our favor. When you win a case, you are given the right to write the draft of the final judgment for the Judge to review, amend and to sign if he or she agrees with it. That is the way court works. So were are clear what Judge Hara said.

Furthermore, despite the fact we would have liked to simply sue the UH, we had to sue the State’s BLNR too—because you can only sue the legally responsible party. In this case on Mauna Kea, the State’s BLNR is the legally responsible agency and not the UH. The UH is not constitutionally or statutorily responsible for overseeing the conservation districts within the state. The title of our case is Mauna Kea et al., v. the State of Hawai`i, the reason for this is simple, the State is the legally responsible agency not UH or its agent Ku`iwlau. So you cannot honestly sustain a claim that the UH-Ku`iwlau plan comply’s with Judge Hara’s order. The plan will never be able to be done right, because they UH-Ku`iwalu can’t do the plan.

There is no way to misinterpret the Judge Hara decision or the fact that he was giving instruction to the State’s BLNR when he ruled on the BLNR rules and regulation relating to the Conservation District of Mauna Kea. The University’s creative interpretation is nothing more than their continued to attempt gain control over Mauna Kea for the promotion of their own interest.

Judge Hara found in our favor, not in the UH, HIEDB or State’s favor. Judge Hara ordered the State to prepare and approve a Comprehensive Management Plan. The State may not transfer their legal obligations to a third party (especially a third party with a conflict of interest) to fulfill the law for them—just like a police officer can’t hand a regular citizen a gun and ask that citizen to shoot an escaping criminal—the State can’t transfer it power to another unless the law allows for it—and the law does not allow this.

In closing Mr. Ha, as I said before, I am not sure if you are confused and/or misinformed or are purposefully attempting to confuse and/or misinform others. I hope it is the former. You must STOP using our names to throw weight to booster your own your positions. Your organization has opposed us in court for years now. We are not supporting the TMT as you are, nor are we supporting the UH-Ku`iwalu’s alleged Comprehensive Management Plan.

You can contact us anytime to discuss our actual positions, and I would encourage you to do so.

Kealoha Pisciotta, President
Mauna Kea Anaina Hou

Richard Ha

Aloha Kealoha:

You quoted me correctly, but you read way too much into what I said. I was just simply trying to say mahalo to you folks for all the hard work. I think that lots of positive change happened because of it.

I have always felt that you folks won and that is why Judge Hara required that a Comprehensive Management Plan be done to protect Mauna Kea.

I volunteered three years ago to be a member of the TMT subcommittee of the HIEDB. Being part Hawaiian myself I wanted to make sure that if the TMT was going to come to Hawaii—it be done right.Today I am the chair of that sub committee.

But, I only write and speak about the TMT as an individual, usually as a representative of my workers who want more for their children than to be banana farm workers.

I was not a member of the HIEDB when the first suit took place. I do know about the second case. The HIEDB needed to defend itself from a lawsuit to pay attorneys fees. The judge ruled against the litigants who then appealed. That is going on.

I think that we have more things in common than not. We should go drink coffee and talk story. I’ll call you.

Aloha

Richard

Verify your Comment

Previewing your Comment

This is only a preview. Your comment has not yet been posted.

Working...
Your comment could not be posted. Error type:
Your comment has been saved. Comments are moderated and will not appear until approved by the author. Post another comment

The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

Working...

Post a comment

Comments are moderated, and will not appear until the author has approved them.

Visit the Hamakua Springs website

Email Richard Ha

  • richard@hamakuasprings.com

Your email address:


Powered by FeedBlitz

Twitter Updates

    follow me on Twitter