ATST Contested Case Hearing Officer Withdraws

posted in: Development, EH-XTRA | 0

Posted 05/02/2012 

Delays continue for the contested case over construction of the Advanced Technology Solar Telescope on Haleakala.

Rosemary Fazio, the new hearing officer appointed last month, has quit, citing objections from Kilakila `O Haleakala (Majestic is Haleakala), a native Hawaiian group that opposes the telescope.

On April 13, state Board of Land and Natural Resources chair William Aila appointed Fazio to replace Steven Jacobson, the case’s original hearing officer who was ousted in March after the board found he had had unpermitted ex parte communication with the University of Hawai`i, which holds the Conservation District Use Permit to construct the telescope.

Kilakila `O Haleakala, the petitioner in the case, objected to the appointment because Fazio, a partner with Ashford & Wriston, occasionally represents University of Hawai`i president M.R.C. Greenwood.

In a May 1 letter to Aila, Fazio stated that although she did not believe her representation of Greenwood would compromise her objectivity, she felt it was prudent to withdraw as hearing officer given Kilakila’s objections.

She stated that she had already started reviewing the documents and discussing the case with Aila’s staff, but would not charge the Department of Land and Natural Resources for her services.

On May 2, Aila appointed former state deputy attorney general Lane Ishida to replace Fazio. Comments or objections to Ishida’s appointment must be filed with the DLNR by May 10.

 

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