Posted on: Wednesday, November 27, 2002

OHA to pursue Keck objection

By Vicki Viotti
Advertiser Staff Writer

A federal judge has denied a motion pressing for a new environmental study of a proposal to expand the W.M. Keck Observatory on Mauna Kea.

But the Office of Hawaiian Affairs sees the decision by U.S. District Judge Susan Oki Mollway as a technical setback and not a sign that the courts are sure to clear a path for the Keck project.

Lea Hong, attorney for OHA, last week sought a quick judgment that NASA had violated its regulations by filing its environmental assessment too late.

Hong said her motion was intended to avoid lengthy hearings on the adequacy of the assessment, but Mollway decided there were "genuine issues of fact" that needed to be settled. Among these: NASA's contention that it had not made an "irreversible" investment in the project before doing the environmental assessment.

The National Aeronautics and Space Administration is proposing to install up to six "outrigger" telescopes at the Keck, expanding the capability at the observatory, which already houses the world's two largest telescopes.

Silas DeRoma, NASA's attorney, was unavailable for comment. Hong said she will ask Mollway for clarification and reconsideration of the ruling.