Koi Nation announces landmark legal victory protecting tribal cultural resources
The Koi Nation of Northern California announced today the California First District Court of Appeals ruled in its favor in a landmark decision that protects tribal cultural resources and clarifies legal requirements for state and local governmental agencies to conduct meaningful consultation with Tribal Nations when considering development of projects that could impact the environment.
In its decision, the Court reversed the approval of the City of Clearlake’s (“City”) environmental document that considered development of a 75-room hotel, meeting hall, parking lot, and street extension in a culturally sensitive area, overturning a November 2023 ruling by a Lake County Superior Court judge. The appellate decision also requires the City to restart tribal consultation with the Koi Nation if it wants to pursue the project.
“By confirming our right to a seat at the table in development processes impacting our cultural heritage, this ruling represents a profound victory not just for the Koi Nation but for all Tribal Nations across the Golden State,” said Dino Beltran, Vice Chairman of the Koi Nation of Northern California’s Tribal Council. “We understand the importance of economic development – but it cannot be done at the expense of our Ancestors and our sacred tribal cultural resources. We look forward to working with the City of Clearlake to avoid, preserve, and protect tribal cultural resources, and fully mitigate impacts during construction.”
“We’ve been here since time immemorial and still practice our cultural and traditional ways. We know more about what is there and what it means than any archeologist, which the Court noted the City’s own archeologist told the City,” said Robert Geary, the Koi Nation of Northern California’s Tribal Historic Preservation Officer Designee. “The court’s decision confirms California law requires this knowledge and expertise be included, considered, and respected during development.”
California Attorney General Rob Bonta submitted an amicus brief in support of the Koi Nation’s appeal which emphasized the importance of meaningful, respectful consultation with tribes during environmental review for projects under CEQA.
Although CEQA was amended by Assembly Bill 52 (AB 52) to add consideration of tribal cultural resources over a decade ago, this is the first case which tested and confirmed the requirements for Cities, Counties, and other lead agencies to get the process right.
AB 52’s author, Assemblymember Mike Gatto (ret.), said “When I wrote AB 52, it was precisely to avoid tribes having to go through what the Koi did here- a development being built near important cultural resources without any input from the tribe. I’m thrilled with the court’s decision, and honored to have guided it in some small way.”
When the City was considering the project’s effects on environmental resources under the California Environmental Quality Act (CEQA), the Koi Nation notified the City of potentially significant effects on tribal cultural resources and asked the City to adopt practical measures to mitigate those impacts. The Koi Nation asked for cultural experts from the Koi Nation to monitor excavations, for training for construction workers operating in this culturally sensitive area, that cultural protocols for the respectful treatment of any disturbed tribal cultural resources be followed.
The Court’s decision held that the City’s approach – accepting information from the Koi Nation but failing to properly analyze it, document the process, or provide notice before closing consultation – did not comply with AB 52’s changes to CEQA. The ruling makes clear that lead agencies must engage in substantive and transparent review of information gathered during tribal consultation before approving development.
The published case is Koi Nation of Northern California v. City of Clearlake (A169438, 1st District Court of Appeal, March 14, 2025), available here: https://www4.courts.ca.gov/opinions/documents/A169438.PDF
The Koi Nation thanks its supporters and allies that helped it achieve this victory, including the Habematolel Pomo of Upper Lake, Executive Council Chairperson Danielle Cirelli, former Executive Council Chairperson Sherry Treppa, Attorney General Rob Bonta, former Director of the Office of Native American Affairs Merri Lopez-Kiefer, Deputy Attorney General Monica Heger, and former Deputy Attorney General Yuting (Yvonne) Chi. The Koi Nation also thanks Executive Assistant Robert Morgan and appreciates support from archaeologist Dr. John Parker. The law firm of Kronick, Moskowitz, Tiedemann & Girard and attorneys Holly Roberson, William Chisum, and Senior Paralegal Choquette Morrow, as well as Attorney Curtis Vandermolen, who argued the case in the First District on behalf of the Koi Nation.
The Koi Nation of Northern California is a federally recognized tribe of Southeastern Pomo people located in Sonoma County, California. The Koi Nation people are descendants of one of the oldest tribes of native people in California, with a history in the region of Sonoma and Lake Counties that goes back 17,000 years.
For more information visit www.KoiNationSonoma.com.
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