Koi Nation of Northern California v. City of Clearlake (A169438)
This case addresses two important issues related to the consultation requirement in AB 52 related to tribal cultural resources. CSAC’s amicus brief lays out what is required to trigger consultation under the plain language of the statute, and also argues that lead agencies have the discretion to determine, based on substantial evidence, the threshold issue of whether a resource is a tribal cultural resource. The brief was prepared by Sarah Owsowitz at Best Best & Krieger in Walnut Creek.
