Opponents of the Thirty Meter Telescope on Friday applied for a temporary restraining order and filed a motion for preliminary injunction in connection with the latest lawsuit that aims to stop construction of the next-generation observatory.
The suit, filed Monday in 3rd Circuit Court on Hawaii island, accuses the state of failing to make the developer of the $1.4 billion project post a security bond as required by the state’s 1977 plan for Mauna Kea.
State Attorney General Clare Connors responded
to the suit this week, saying the claim appears to have no merit and is unlikely to affect construction.
Mauna Kea Hui leader Kealoha Pisciotta said the new court filings were necessary because the state and the TMT International Observatory announced the start of construction on the mountain next week in spite of the lawsuit.
If the court agrees to grant a restraining order or injunction, the project can be stopped temporarily to allow the court to review the security bond case.
A hearing is scheduled
at the Hilo court July 23 for the temporary restraining order and Aug. 27 for the injunction.
“We are hoping the TIO (TMT International Observatory) and others will agree to halting construction until the court has had an opportunity to weigh in on this
issue and determine its merits,” Pisciotta said.
By delaying the start of construction, the project will lose only time, she said, while grading, if allowed to proceed, would cause irreparable harm to the mountain and its cultural resources.
TMT spokesman Scott Ishikawa said the project’s attorneys have seen the latest filings but that there are no plans to stop construction.
TMT attorney Douglas Ing on Tuesday described the lawsuit as weak.
The claim argues that the 1977 Mauna Kea Plan requires every development to have a security bond in the amount of the full cost
of the project.
Hawaii Supreme Court Justice Richard Pollack brought up the requirement during TMT oral arguments, but the high court ultimately endorsed the project.