The permit allowing the construction of the Thirty Meter Telescope on Maunakea is under review by the Board of Land and Natural Resources.
At issue is whether the University of Hawaiʻi at Hilo met a condition that required TMT construction to begin within two years of the permit being granted.
The board will hear arguments Tuesday related to the Conservation District Use Permit, or CDUP, that allowed the construction of TMT.
The CDUP was granted to UH Hilo in 2017 with 32 conditions, including the construction stipulation.
UH Hilo received a two-year extension on this condition from BLNR in 2019 following protests at Puʻuhuluhulu. Two years later, the university reported to the Department of Land and Natural Resources that the condition was met and construction had begun.
In a 2021 letter to BLNR to support its argument, UH Hilo referenced six construction-related activities that were performed at the TMT project site prior to the July 2019 protests.
These included the removal of unpermitted structures, a construction kick-off meeting, and the mobilization of 18 vehicles and equipment to the worksite.
TMT opponents argue that UH Hilo has not initiated construction and is not in compliance with this condition of the CDUP. The group known as the Mauna Kea Hui petitioned BLNR in 2021 to reopen the contested case hearing and confirm UH Hilo's non-compliance.
Each party to the hearing including UH Hilo, TMT, and members of the Mauna Kea Hui will receive 15 minutes each to plead their case.
Oral arguments begin at 1 p.m. on Tuesday and will be livestreamed on BLNR’s YouTube page.
