Ka Wai Ola - Office of Hawaiian Affairs, Volume 32, Number 11, 1 November 2015 — Mauna Kea rules invalidated [ARTICLE]

Mauna Kea rules invalidated

A circuit judge in October invalidated emergency rules that made it illegal to be on Mauna Kea at night. Attorney David Kauila Kopper, an attorney with the Native Hawaiian Legal Corporation filed the lawsuit on behalf of E. Kalani Flores, a professor and cultural practitioner with traditional Native Hawaiian practices on Mauna Kea. Flores said, "We were forced to go to court to challenge the State's invalid new rule to make sure that Native Hawaiian practitioners, and all members of the public, ean access Mauna a Wākea during all hours of the night." The judge ruled that the department did not comply with the requirements for rulemaking because it failed to provide its reasoning supporting a finding that the rule was necessary to prevent "imminent peril to the public heahh, safety, or morals, or to natural resources." "OHA questions whether such

'imminent peril' ean be demonstrated. For this reason, and our eoneem that the rule violated eonstitutionally protected rights of Native Hawaiians to reasonably engage in traditional and customary practices, OHA urges the DLNR to refrain from seeking reinstatement of the rule," said OHA Ka Pouhana and CEO Kamana'opono Crabbe. "We appreciate the significant efforts of plaintiff Kalani Flores and his attorneys from the Native Hawaiian Legal Corporation for their work in calling to the attention of the courts the shortcomings of the Mauna Kea emergency rule," added Crabbe.

Attorney General Doug Chin and BLNR Chair Suzanne Case issued a joint statement saying, "The state acknowledges the Court's decision and will abide by it. We remind people traveling to Mauna Kea that even in light of (the) ruling,

existing laws and rules remain. It is always illegal to block the road. This includes standing in the road or plaeing obstructions in the road. These laws will continue to be enforced."

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