California Attorney General Rob Bonta has been granted intervention in a lawsuit challenging San Benito County's approval of the Betabel Commercial Development. The legal action claims that the county's Environmental Impact Report (EIR) for the project violates the California Environmental Quality Act (CEQA). The proposed development is located on land significant to the Amah Mutsun Tribal Band, known as Juristac.
The Attorney General's petition seeks to have the court order San Benito County to withdraw its Final EIR and reopen consultations with California Native American tribes. "Ensuring that California Native American tribes are consulted about a project’s potential impacts to tribal cultural resources is crucial," said Attorney General Bonta. He emphasized the importance of balancing project development with proper tribal consultation under CEQA.
CEQA mandates public agencies consult with tribes connected to a project site and assess impacts on tribal cultural resources during environmental reviews. It requires that such consultations be "meaningful and timely" so that appropriate mitigation measures can be implemented.
San Benito County allegedly failed in its consultation process, leading to several tribal cultural resources not being identified or adequately analyzed in their Draft EIR. This failure resulted in insufficient consideration of mitigation measures for these resources, violating CEQA requirements.
The petition highlights three main allegations against San Benito County: not analyzing all tribal cultural resource impacts, failing to begin timely consultations with the Tribe, and neglecting discussions on recommended mitigation measures or significant impacts as requested by the Tribe.
Initially, when Attorney General Bonta sought intervention in March 2023, his motion was dismissed due to timing issues related to CEQA deadlines. However, after an appeal by the Tribe and other petitioners, which was supported by an amicus brief from Bonta's office, the Sixth District Court of Appeal ruled in favor of continuing litigation.
Attorney General Bonta remains committed to safeguarding tribal rights within CEQA processes. His office has previously raised concerns regarding similar issues in Riverside County and supported litigation involving other tribes like the Koi Nation against municipal authorities over inadequate consultation practices.