Minute Order 6 Setting Oral Arguments regarding TMT's CDU Permit Compliance

from DLNR Aug 4, 2023 (excerpt)

The Board will hold oral arguments regarding the issues raised in the motion, responses, and replies on Friday, October 6, 2023, commencing at 1:00 p.m. The hearing will be held remotely via Zoom. A link will be provided to Petitioners and Respondents are collectively referred to as “Parties.” The hearing will be livestreamed at www.youtube.com/c/boardoflandandnaturalresourcesdlnr.

Oral arguments will be limited to the Parties that have filed written briefs in this declaratory proceeding. Each Petitioner shall have fifteen minutes to present their arguments, followed by each Respondent who shall also have fifteen minutes each. Petitioners Mauna Kea Hui, represented by Richard Naiwieha Wurdeman and the Law Office of Bianca Isaki, shall present first, followed by the remaining Petitioners. Respondent TMT International Observatory shall present first for the Respondents, followed by the remaining Respondents. Time cannot be transferred from one Party to another.

Petitioners may elect to reserve time from their fifteen minutes for rebuttal arguments. Rebuttal arguments will take place once all parties have completed their initial arguments.

The Board may elect to ask questions of any party once they have completed arguments; this time will not count towards the total.

Five business days prior to the hearing, Petitioner Mauna Kea Hui shall submit the order in which Petitioners will be presenting oral arguments to the Custodian of the Records at michael.cain@hawaii.gov. Respondent TMT International Observatory, LLC shall do the same for Respondents.

Requests to change this Minute Order shall be by motion filed within ten business days following the date of this Minute Order.

Parties shall submit proposed orders to the Custodian of the Records ten business days after the transcript is prepared.

The index of the responses and replies is attached hereto as Exhibit I, and all filings are available online at dlnr.hawaii.gov/occl/tmt, Table 3, “2021 Petition.”

No additional filings will be accepted in this case.

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