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Cited by 4Indigenous Peoples' Rights and LawIndigenous Cultures and HistoryIndigenous Health, Education, and Rights

The DOI matches its Crossref record; 38 of the 38 references it cites were found in a registry or an index.

Unchecking the box: Overcoming barriers to meaningful consultation

Open access
Sorgen, Jeremy, Nelson, Peter, Butsic, Van, LaRosa, Seth, Gaughen, Shasta, Crosby, Earl, Geary, Robert, Sowerwine, Jennifer·2025·Environmental Science & Policy
DOI 10.1016/j.envsci.2025.104085
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Abstract

Intergovernmental consultation between public agencies and Tribal governments is a critical component of affirming Indigenous land sovereignty and protecting sacred sites and cultural resources in land use and decision making. However, despite the growing prevalence locally and nationally of natural and cultural resource laws that mandate government to government consultation, achieving “meaningful consultation” remains elusive. This article analyzes barriers to meaningful consultation through a case study analysis of intergovernmental consultation around cultural resources and cannabis permitting on Tribal ancestral lands in California. This study argues that cultural resource laws in general suffer from asymmetrical power relations, which are codified into policy through provisions such as “agency discretion” and unfunded mandates. We differentiate between “structural” barriers to consultation as those which embody exclusionary mechanisms of settler colonialism and “soft” barriers such as cultural differences, knowledge gaps, and relationships, all of which undermine the consultation process. Meaningful consultation requires equitable Tribal-agency relations, which depend on policies that affirm Tribal authority in land use decision making, as well as agency and Tribal capacity building, with equitable funding for Tribal staff time, Tribal-agency trust and relationship building, and agency training in Tribal culture, history, and cultural resource policy. Cultural resource laws and consultation policies that affirm Tribal sovereignty demonstrate awareness of and incorporate measures intended to eliminate these barriers. • 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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Crossref · 10.1016/j.envsci.2025.104085

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Metadata

Authors
Sorgen, J., Nelson, P., Butsic, V., LaRosa, S., Gaughen, S., Crosby, E., Geary, R., & Sowerwine, J.
Affiliations
  • Northeastern University (US)
  • University of California, Berkeley (US)
  • Louisiana Department of Natural Resources (US)
Corresponding author
Sorgen, Jeremy
ORCID
Venue
Environmental Science & Policy
Publisher
Elsevier BV
Published
2025-07
Volume
169
Pages
104085
ISSN
1462-9011 (ISSN-L)
DOI
10.1016/j.envsci.2025.104085
OpenAlex
W4410026913
Semantic Scholar
e3100f136620764d10c8dd985f33d20f10eb95ce
Cited by
4
References
38
Citations by year
2026: 4
FWCI
25.50
Type
journal article
Language
en
Open access
Licence
Locations
  • Environmental Science & Policy (publishedVersion, cc-by)
  • eScholarship (California Digital Library) (submittedVersion, cc-by)
Funders
Sustainability Performance Office (051492\u2013001)
Topics
  • Social Sciences › Law › Indigenous Peoples' Rights and Law
  • Social Sciences › Anthropology › Indigenous Cultures and History
  • Social Sciences › Health › Indigenous Health, Education, and Rights
Keywords
intergovernmental consultation, tribal government, sacred sites, settler colonialism, power imbalance, administrative discretion, unfunded mandates, land use decision-making, capacity building, California

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