Casino EIR to face legal challenges

<p>The final environmental impact report has been released regarding the proposed Rohnert Park casino and resort complex, and barring successful legal challenges, the management contract between the Federated Indians of Graton Rancheria and its partner, Station Casinos, will be approved.</p><!-- Nothing to do. The paragraph has already been output --><p>This report, containing approximately 8,000 pages and compiled by the National Indian Gaming Commission, took five years to complete, and combines detailed research, analysis and commentary reflecting the views of consultants and public officials in 30 different federal, state and local agencies. It responds to 349 written and oral comments submitted during the public comment period on the draft environmental impact statement, which included two separate informational sessions and public hearings.</p><p>The report, which was required under the National Environmental Protection Act, lists several measures that the tribe must take to protect local water resources, improve local transportation and stimulate economic growth in Sonoma County. The EIS states that the casino is expected to generate $275 million annually in economic benefits to the region, including $67 million from new jobs, and stipulates that according to the memorandum of understanding with the city of Rohnert Park, the tribe will contribute more than $200 million to the city over a 20-year period.</p><p>“The tribe is pleased that the final environmental impact statement has been completed after five years of extensive study, analysis and public input,” said Greg Sarris, the tribal chairman, in a statement. “The tribe believes that the mitigation measures identified in the final EIS go well beyond what other developers typically provide, and reflect the tribe’s ongoing efforts to work cooperatively and in good faith with our community in order to bring responsible growth, good jobs and economic prosperity to our region.”</p><p>But Chip Worthington — pastor of Assembly of God Church in Rohnert Park and founder of Stop the Casino 101 Coalition, which has actively opposed the project — says that the content of the report will be challenged in court.</p><p>“Anyone who cares about our beautiful country should be angered and insulted by this woefully inadequate environmental study,” he said. “The NIGC has sugar-coated the serious environmental issues at this site. It shows the complete indifference the federal government has for communities like ours.” </p><p>He says that the NIGC, not the FIGR, will be sued.</p><p>“The environmental study is fatally flawed in every major area. The government’s contempt for our community is shown in the mitigation measures, which are laughable, and we’re confident that the courts will agree,” he said.</p><p>Marilee Montgomery, spokeswoman for the coalition, says that the Stop the Casino 101 will be among the plaintiffs.</p><p>“The basis of the lawsuit will be that the NIGC was required to take a hard look at the project. It was required to take everything into consideration, and address it seriously. We will ask the court to take a hard look at the project, and to enforce the NEPA,” she said.</p><p>Montgomery was “extremely disappointed” with the section of the EIS pertaining to how environmental concerns will be handled.</p><p>“The report talks about environmental problems, but doesn’t say precisely how they will be mitigated, or what enforcement tool will be used,” she said. “The NEPA review never has been a serious undertaking on the part of the National Indian Gaming Commission.”</p><p>Attorney Mike Healy, a Petaluma City Council member who also is part of the coalition, still is in the process of reviewing the EIS, but made a few specific criticisms. He first referred to section 5.2.2.Y, pertaining to mitigation measures, which states, “The Tribe shall work with the Cities of Rohnert Park and Petaluma and SCWA (Sonoma County Water Agency) to find and deliver more surface water, reducing pressures on the Cities to pump additional groundwater.”</p><p>“As far as I know, the city of Petaluma has never been called upon to participate in this effort, and the implications for Petaluma’s water supply are not good,” Healy said. “And most of the surface water has been found. This raises concerns that the tribe will try to squeeze in under the impaired water conditions that we have.”</p><p>He said that although mitigation for some of the specific intersections and other areas around the casino are listed, he found none listed in the EIS for the extended stretch of Highway 101 that would be affected. Healy also said that the number of proposed slot machines is not provided, although the EIS indicated square footage for gaming: 80,000 for casino gaming, 5,000 for high-limit gaming and 3,000 for Asian gaming. </p><p>Besides a lawsuit pertaining to the EIS, other legal challenges to the casino concern the Department of the Interior’s decision on May 7 to take the 254 acres in Rohnert Park into federal trust for the FIGR, and assert that the state of California has jurisdiction over the property; and contend that the tribe was not legally entitled to purchase the property.</p><p>Also, Station Casinos is facing a financial crisis and might be forced to declare bankruptcy and undergo restructuring, although Lori Nelson, a spokeswoman for Station Casinos, told the Argus-Courier this month that the proposed casino would not be affected, because the restructuring would involve only the parent company, and not its tribal partnerships.</p><p>(Contact Dan Johnson at dan.johnson@arguscourier.com)</p>