Implementation of Tribal Consultation Laws in California. Featuring Greta Swanson, Sean Scruggs, Steven Lazar, and Merri Lopez-Keifer

• Date: 01 December 2024

12-2024 ENVIRONMENTAL LAW REPORTER 54 ELR 11009

DIALOGUE

IMPLEMENTATION OF TRIBAL

CONSULTATION LAWS

IN CALIFORNIA

State and local environmental agencies regularly make decisions t hat have repercussions for tribes, including

for their health and ability to maintain and continue to evolve traditional practices, language, and cultural

identity. Meaningful consultation has become central to tribal sovereignty as tribes advocate for legislation

that requires consultation on decisions impacting their lands, economy, and culture. A two-year project from

the Environmental Law Institute (ELI) and its partners examined the status of consultation in California and

how it may promote tribal sovereignty and ensure relevant outcomes. On September 19, 2024, ELI hosted a

panel of experts to discuss the challenges and best practices in implementing tribal consultation at the state

and local level.

SUMMARY

Madison Calhoun is Senior Manager of Educational

Programs at the Environmental Law Inst itute (ELI).

Greta Swanson (moderator) is a Visiting Attorney at ELI.

Sean Scruggs is the Tribal Historic Preservation Ocer

for the Fort Independence Indian Reservation.

Steven Lazar is Senior Planner, Humboldt County

Planning and Building Department.

Merri Lopez-Keifer is Director of the Oce of Native

American A airs, Oce of the Attorney General,

California Department of Justice.

Madison Calhoun: I’ll introduce our spea kers for today

and then hand things over to our moderator, Greta Swan-

son, who is a visiting attorney at the Environmental Law

Institute (ELI). Greta has been closely involved with ini-

tiatives in tribal consultation and co-management, marine

conservation, and human rights a nd the environment. Her

research and publications have addressed internationa l pro-

tections of sharks, community  sheries management in the

Mesoamerican reef, human rights a nd the environmental

rule of law, and government-to-government consultation

and co-management with Alaska Natives.

Sean Scruggs is the tribal historic preservation ocer

(THPO) for the Fort Independence Indian Reservation

in California, and serves on the Tribal Advisory Com-

mittee at San Francisco State University. With six years of

experience in consultation and relationship building, Sean

works tirelessly to repatriate ancestors, protect his anc estral

homelands, address gaps in the National Hi storic Preserva-

tion Act §106 consultation process, and advocate for cul-

tural education among leaders at all levels.

Steven Lazar is a senior planner in the Humboldt

County Planning and Bui lding Department. Steven has

more than 20 years of experience as a public land use plan-

ner. Steven played a key role in developing California’s

rst commercial medical marijuana land use ordinance in

2015 and served as the primary author of the 2018 amend-

ments to the regulations. In 2011, Steven began coordinat-

ing meetings with loca l tribes and THPOs in Humboldt

County to collaborate on the development of resources and

referral protocols. Steven also serves a s planning commis-

sioner for the city of Eureka.

Merri Lopez-Kiefer is director of the Oce of Native

American A airs in the Oce of the Attorney Genera l,

California Depar tment of Justice. Merri works closely with

California’s Native American tribes to facilitate enga ge-

ment and coordination with the state on mutual concerns.

She also serves as a lia ison between the Lega l and Law

Enforcement Divisions and tribal governments. Before

joining the Attorney General’s Oce, Merri spent 15 years

as chief legal counsel for the San Luis Rey Band of Mis-

sion Indians, where she worked to protect Luiseño culture,

sacred sites, and tribal rights.

Greta Swanson: Since E xecutive Order No. 13175 was

issued in 2000,1 the federal government along with tribes

has undertaken ma ny policy initiatives to develop and

improve government-to-government consultation. At the

same time, states and loca lities are making many, many

development decisions that impact traditional lands and

interests of tribes. One challenge at the state and local lev-

els is that there is not necessarily the inherent trust rela-

tionship that exists at the federa l level.

1. Exec. Order No. 13175, Consultation and Coordination With Indian Trib-

al Governments, 65 Fed. Reg. 67249 (Nov. 9, 2000).

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org.