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Land Use Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

University of Montana

Indigenous, Indian, and Aboriginal Law

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Full-Text Articles in Land Use Law

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong Apr 2016

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.