Golden State Today

California Attorney General Rob Bonta has been granted permission to intervene in a lawsuit challenging the approval of the Betabel Commercial Development by San Benito County. The lawsuit contends that the county's approval of the project's Environmental Impact Report (EIR) violated the California Environmental Quality Act (CEQA). According to Attorney General Bonta, this includes failing to consult with California Native American tribes and addressing impacts on tribal cultural resources, which could be irreparably harmed by the project.

The proposed commercial site is located on ancestral lands of the Amah Mutsun Tribal Band, within a culturally significant area known as Juristac. The Attorney General's intervention seeks a court order for San Benito County to withdraw its existing Final EIR and reopen tribal consultation under CEQA requirements enhanced by Assembly Bill 52. This would involve fully analyzing impacts on tribal cultural resources and considering feasible mitigation measures requested by the tribe.

Attorney General Bonta emphasized the importance of consulting with tribes regarding potential impacts on their cultural resources: "Ensuring that California Native American tribes are consulted about a project’s potential impacts to tribal cultural resources is crucial to support thriving tribal communities in the state," he stated. He further noted that proper consultation can coexist with development projects, expressing commitment to helping local governments find sustainable solutions.

CEQA mandates public agencies consult with tribes associated with project sites during environmental reviews, ensuring meaningful participation and consideration of tribal expertise. However, San Benito County reportedly expedited its consultation process without adequately addressing or identifying several tribal cultural resources in its Draft EIR.

The petition claims that San Benito County violated CEQA by not analyzing all tribal cultural resource impacts in its Draft EIR or adopting specific mitigation measures in its Final EIR. It also alleges failure to initiate timely consultations with tribes and discuss recommended mitigation measures as requested.

Initially seeking intervention in March 2023, Attorney General Bonta faced a dismissal from San Benito County Superior Court due to filing deadlines not being met by related petitioners. After an appeal supported by an amicus brief from Bonta's office, the Sixth District Court of Appeal ruled favorably for continuing litigation, leading to renewed proceedings as of December 31, 2024.

Attorney General Bonta remains committed to protecting tribal rights under CEQA. His past actions include raising concerns over Riverside County's analysis of project impacts on tribal resources and supporting litigation involving other tribes such as the Koi Nation against Clearlake City for insufficient consultation processes.