An appeal by the Department of Interior and Santa Ynez Band of Chumash Indians of a July 9, 2008 ruling by a federal judge that was a victory for two Santa Ynez Valley community groups, P.O.L.O. and POSY, has been withdrawn.

The Preservation of Los Olivos (P.O.L.O.) and Preservation of Santa Ynez (POSY) legal challenge against the federal government began in 2005 after the Santa Barbara County Board of Supervisors declined to appeal the Bureau of Indian Affairs’ decision to place 6.9 acres across the highway from the Chumash Casino and Resort into federal trust status.

The tribe wants to build administrative offices and a cultural center on the land. It applied to the Bureau of Indian Affairs, asking that the property be put into federal trust in 2000.

P.O.L.O. and POSY, which represent residents in Los Olivos and Santa Ynez who are concerned about the future of their communities, filed an appeal on behalf of the community against the United States Department of the Interior.

Federal Court Judge A. Howard Matz’s ruling on July 9 rejected the arguments made by the government and the tribe that the citizens groups have no right to appeal Bureau of Indian Affairs’ (BIA) or Internal Board of Indian Appeals’ (IBIA) decisions.

“In this case, the declarations submitted by the plaintiffs establish that certain of their members have concrete environmental and economic interests,” Matz wrote in his ruling. “The evidence indicates that the tribe’s existing development already has contributed to a decline in air, water and soil quality and increase in traffic and crime.”

An attorney for the local tribe in Washington, D.C., Nancie Marzullo, did not return a Valley Journal request seeking additional comment and information for this story.

“Our view is there is little or no integrity in a process, which, until Judge Matz’s decision, routinely and categorically excluded local community groups from a voice in a process, which can so profoundly impact their communities,” said Kathryn Bowen, spokeswoman for P.O.L.O.

“Matz noted in his July 9 order that the record in this case demonstrated that the BIA expressly invited local groups like P.O.L.O. and POSY and their lawyers to file an appeal and then reversed course and dismissed the appeal, ignoring their own regulations,” Bowen said.

“This has always been about restoring and preserving the voice of each and every one of us,” said Steve Pappas, founder and former director for the group, in a statement. 

“The Constitution is still a very young document, but it provides a clear framework for our rights as citizens and this case is a monumental example,” he said.

 “Winning this precedent-setting case assures that whatever action the IBIA takes in the future with related matters will be reviewed by the federal courts,” Bowen said.

P.O.L.O. and POSY are requesting that the order be published and are seeking reimbursement for their attorney’s fees under the Equal Access to Justice Act.

“We need to sit down and analyze what the next step will be, but for now we are very grateful for the position that the community is in with respect to gaining a voice in very non-transparent process,” Bowen said.