Mauna Kea Anaina Hou v. Board of Land & Natural Resources

Concurring Opinion by

POLLACK, J.,

in which WILSON, J., joins, and in which McKENNA, J., joins as to Part IV.

Rising to a majestic 13,796 feet above sea level, Mauna Kea, the highest mountain peak in the Hawaiian Islands, is of profound importance in Hawaiian culture. The summit region is sacred to Native Hawaiians, and because of its spiritual qualities, traditional and customary cultural practices are exercised throughout the summit area.

Mauna Kea is also one of the world’s foremost locations for astronomical observation and research. The Board of Land and Natural Resources (Board) issued the…