Publication

Unchecking the box: Overcoming barriers to meaningful consultation
2025
Environmental Science & Policy
Sorgen, J., Nelson, P., Butsic, V., LaRosa, S., Gaughen, S., Crosby, E., Geary, R., Sowerwine, J.
This article analyzes five key barriers to meaningful consultation through analysis of intergovernmental consultation on cultural resources and cannabis permitting on Tribal ancestral lands in California. We argue that cultural resource laws in general suffer from asymmetrical power relations, and show that meaningful consultation requires policies that support equitable Tribal-agency relations.
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Summary
  • An original case study of barriers to meaningful consultation with agency planners and Tribal Historic Preservation Officers involved in cannabis permitting in California.
  • The study reveals five types of barriers and distinguishes between “soft” and “structural” barriers.
  • Barriers to meaningful consultation trace back to power asymmetries, which are closely related to colonial legacies of land dispossession and exclusionary governance.
  • A list of actionable recommendations to strengthen consultation policy and practice.

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