Middletown Rancheria Scores A Victory For Native American Cultural Rights

Fall 2003

These articles originally appeared in the Groundhog Day column in News From Native California, Volume 17, Number 1.

In a precedent-setting case, Middletown Rancheria settled a lawsuit this June against Snows Lake Vineyard and Lake County over the destruction of tribal burial sites and sensitive environmental areas. Represented by California Indian Legal Services (CILS), the Tribe filed the suit in the summer of 2002 under the California Environmental Quality Act (CEQA) and the Unfair Business Practices Act. The first of its kind settlement provides for an on-going tribal role in land management at the vineyard property, as well as permanent gathering rights for traditional tribal basket weavers.

Destruction of Resources 

Snows Lake Vineyard received a permit from Lake County in 1998 to grade 650 acres of land. In 2001, reports surfaced that the vineyard had actually cleared up to 200 additional acres of land -- including areas never previously used for agriculture. The overgrading and destruction of resources stirred up controversy in the county. In June 2001, amid growing protests from landowners and citizens' groups, the county ordered the vineyard to stop work and submit an application for a new grading permit. But the county later allowed the vineyard to resume grading operations without any environmental review and refused to conduct a review.

Before the lawsuit was filed, the Tribe's environmental director raised the Tribe's concerns with both the vineyard and the county, and expressed dissatisfaction over the destruction of archaeological sites known to have been hunting camps and believed to contain ancestral burial sites. A joint task force appointed to look into the grading violations had not reported back, and the legal deadline for filing an environmental lawsuit was about to expire.

Tribe Files Suit 

CILS Senior Attorney Jim Cohen, together with CILS Board Member and environmental law specialist Joseph Brecher, filed the lawsuit in July, 2002. The suit alleged the destruction of numerous significant natural and cultural resources, including recorded tribal archaeological sites, vernal pools and streams, and native oaks and other vegetation, as well as problems of pesticide drift, noise and air pollution, and conversion of virgin soil to agricultural use without the required review process.

When the suit was filed, Mr. Cohen charged, "Lake County has been allowing gross environmental destruction in the name of economic development at the expense of the tribe and the public for too long. With the county refusing to enforce environmental protection laws, there is no choice but for the tribe to initiate action to make sure the earth, water and air are protected."

CEQA, California's environmental law, is often used to delay projects may have a harmful impact on the environment. Invoking CEQA alone would probably result only in another review of the grading by the county. Given the county's lack of action over the previous year, this did not promise much in the way of relief for the Tribe. So the lawyers relied on the Unfair Business Practices Act -- also known as Section 17200 -- to provide additional legal strength for their arguments.

Section 17200 allows courts to fashion creative remedies, or to adopt creative remedies proposed by plaintiffs. In this case, the parties did not go to trial or even engage in traditional legal discovery - depositions, written interrogatories, and the like. Section 17200 has been the center of much attention and controversy in the past year, as business interests throughout California have attempted to gut or repeal the law in the State Capitol. The law essentially allows any person or organization to sue a business entity for any illegal actions it has taken in the course of its business activities. Well-publicized misuse of the law by a minority of Southern California plaintiffs' lawyers has added momentum to the campaign against this law. However, the Middletown Rancheria case demonstrates that the law has tremendous power and value when used in an ethical and at the same time aggressive manner, providing monetary and other forms of damages where other laws have less power. While settlement negotiations took nearly a year, in the Middletown case, the very threat of a trial under Section 17200 seems to have prompted unprecedented cooperation on the part of the landowner.

Settlement Protects Native American Sites 

Under the settlement's terms, before they can convert any additional acreage to grape cultivation, Snows Lake Vineyard must preserve remaining known Native American archaeological sites and have professional archaeological surveys conducted to locate undiscovered sites for preservation. Tribal monitors, paid by the vineyard, will be invited to observe all future ground-disturbing activities and ensure that no other archaeological sites are disturbed by the agricultural work.

Simultaneously with the tribe's settlement, Snows Lake Vineyard announced a settlement with state and local government agencies on issues related to the environmental damage. Many of the remedies sought by these agencies dovetail with goals that the tribe obtained in its settlement. For example, the agencies demanded the restoration of 2.2 acres of vernal pools - seasonal swampland where protected plant and animal species thrive - that were destroyed in the original grading. The agencies demanded the right to observe the restoration for five years in order to make sure that native species are introduced and protected, and to make sure that the vineyard follows acceptable land management policies to maximize the chances of success.

On top of what the agencies got, Middletown Rancheria provided a list of priority native plant species which SLV has committed to introducing in the restored area. In addition, the tribe will have the right to observe the restoration for eight years - three more than the state agencies - to ensure the plants' success and to teach traditional California Indian land management techniques to the vineyard operators.

Rights for Traditional Basket Weavers 

But perhaps the most significant and unprecedented achievement of the lawsuit is that the vineyard owners have agreed to set aside a never-planted area of their land where tribal members will be able to gather native plant species used in traditional Pomo Indian basketry. Tribal environmental director Chris Casey said, "This settlement will guarantee tribal basket weavers access to raw materials that have not been tainted by chemicals. It's a great gain for tribal culture because there aren't many places left where these plants can be gathered safely and legally." Attorney Jim Cohen added, "Snows Lake Vineyard is the first land owner we know of to grant ongoing access for basketry material gathering. It will be a huge help in revitalizing a nearly lost tribal art, and we hope other growers will follow their example."

During settlement negotiations, Tribal experts visited the vineyard site on several occasions and selected an area where herbicides and pesticides have never been applied, where sedge and other native basketry species are thriving, and which are easy to access - an important consideration for basket weavers, many of whom are elderly and would not be able to hike on rugged terrain to reach the plant species.

Protection of the gathering area from chemical overspray was another major consideration, since in traditional Pomo basketry, the gatherers split the plant roots in their mouths. Contaminated plant areas would pose an enormous health risk. Middletown Rancheria has an active basketry program, and is working to interest more tribal members in learning the ancient art, which had nearly died out during the Termination Era.

Additional Protection for Cultural Resources 

The settlement agreement also calls for return to the Tribe of any Native American artifacts or remains found on the property, permits the Tribe to conduct traditional ceremonies at the archaeological sites, and commits the vineyard operators to cooperating in proposed tribal studies on the effects of herbicides and pesticides used in grape growing. Tribal Chairman Jose Simon, III, agreed, "We look forward to working together to implement the progressive measures of the agreement and to sharing tribal land stewardship principles with them." Middletown Rancheria's settlement is an important victory in the on-going struggle to protect California Indian cultural and environmental resources.

About News From Native California

News from Native California is a quarterly magazine devoted to California Indian culture. They have been publishing for fifteen years and currently have a circulation of about 5,000 copies per issue. With its calendar of events, news roundup, feature articles, and regular columns on art, language, traditional skills, grants, and legal concerns, News has kept people informed and at times even inspired. They also sponsor performances, workshops, and other events, as well as several benefits for the Indian community each year, and serve informally as a center for information and connection. To get more information, request a free sample copy of the magazine, or subscribe, please call our offices at (510) 549-2802, email margaret@heydaybooks.com, or visit their website at  http://www.heydaybooks.com/news (opens new window).

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