Question: Doesn't the TMT have the right to build, if it has a permit from the State?
Answer: No. The TMT was granted a Conservation District Usage Permit by the BLNR improperly, as it cannot meet the eight criteria required (with no exceptions allowed by law) to build in a Conservation District. These requirements include the following::
The proposed land use will not cause substantial adverse impact to existing natural resources within the surrounding area, community or region;
The existing physical and environmental aspects of the land, such as natural beauty and open space characteristics, will be preserved or improved upon,
The proposed land use will not be materially detrimental to the public health, safety and welfare.
The case is currently being heard in court. However, bulldozers are not waiting for the court to rule. They are already digging into the mountain. The point would obviously be moot if the TMT were built before the court ruled. In a free society, therefore, it is the rights of the Protectors, not the TMT Corporation, that need to be upheld.