Golden State Today

California Attorney General Rob Bonta has filed an amicus brief with the California Court of Appeal, First Appellate District, supporting the Koi Nation in the case of Koi Nation v. Clearlake. The Koi Nation previously sued the City of Clearlake, arguing that a proposed hotel site contains tribal cultural resources and that the city failed to adequately consult with them or consider the project's impacts on these resources, in violation of the California Environmental Quality Act (CEQA) and Assembly Bill 52 (AB 52).

The trial court ruled against the Koi Nation, stating that they did not properly request consultation and that the city met its CEQA obligations.

"Preserving tribal cultural resources is critically important in the Clearlake area where Native American tribes call home," said Attorney General Bonta. "With today’s amicus brief, we urge the Court not to impose additional barriers to tribes seeking consultation that do not exist and are inconsistent with AB 52."

The Koi Nation Tribal Council expressed their commitment to protecting ancestral remains and artifacts dating back 20,000 years. "We feel AB 52 was created to assist in these endeavors and when the law isn’t being followed we must allow the voices of the ancestors to be heard. It’s with deep gratitude that our efforts are supported by Attorney General Bonta and the AG’s office on this historic case," stated the council.

In October 2023, Attorney General Bonta had already filed an amicus brief in support of the Koi Nation at trial court level. The brief contended that Clearlake did not adequately consult with the tribe or consider impacts on tribal cultural resources when approving a proposed 75-room hotel development known as Airport Hotel and 18th Avenue Extension.

Attorney General Bonta's recent brief emphasizes several key points:

- Courts should not impose additional barriers for tribes requesting consultation under AB 52.

- CEQA requires lead agencies to consider a resource's significance to tribes when determining if it qualifies as a "tribal cultural resource."

- Once identified as a tribal cultural resource, CEQA mandates considering tribal expertise when evaluating project impacts on such resources. The City of Clearlake's reliance solely on an archaeology study did not meet this requirement.

A copy of Attorney General Bonta's amicus brief is available for public access.