17 August 2016

Elko, NV — This week, a federal court ruled against a meritless right-of-way claim to a road located in a sensitive river canyon in northeastern Nevada. The court rejected a claim by Elko County Nevada that it owns a road, commonly known as the South Canyon Road, at the edge of the Jarbidge Wilderness within the federally managed Humboldt-Toiyabe National Forest. The ruling officially disapproved a 2001 settlement agreement between the United States and Elko County that would have given the county the right-of-way. The ruling followed years of legal challenges from The Wilderness Society and Great Old Broads for Wilderness, represented by Earthjustice.

“The court recognized that the county’s claim to the South Canyon Road is not legitimate,” said Alison Flint, an attorney and planning specialist with The Wilderness Society. “Keeping the South Canyon Road in public hands is important to the future of managing this sensitive forest region. Under this ruling the Forest Service can keep a majority of the South Canyon Road open to high-clearance motor vehicles, as it has been for the past 11 years.”

Elko County’s right-of-way claim under an 1866 statute known as R.S. 2477 relied largely on evidence of early exploration, sheep herding and mining activity in a broad area of northern Elko County, but the county failed to present evidence of regular use of the South Canyon itself. The court squarely rejected Elko’s approach, concluding that “the mere possibility that a handful of people travelled through the Jarbidge South Canyon is not sufficient to establish an R.S. 2477 right-of-way.”

“The South Canyon belongs to the American public,” said Earthjustice Staff Attorney Michael Freeman. “The court’s ruling ensures that the Forest Service can continue managing this area to provide reasonable public access while also protecting the pristine Jarbidge Wilderness and the rare bull trout that rely on the Jarbidge River.”

The battle over the South Canyon Road dates back to 1995, following a flood that prompted a Forest Service proposal to replace the washed-out road with a more sustainable non-motorized trail. Elko County in turn passed a resolution asserting the road belonged to the county and directing county road crews to rebuild it. Lawsuits and legal challenges by the US government led to a 2001 settlement agreement under which the county would have seized ownership of the road.

“This technical legal case should send a clear signal to Elko County—America’s public lands will remain in public hands,” said Flint. “It is imperative that challenges of land management issues be based on fact, merit and good judgment. The South Canyon Road should have never been part of any settlement agreement. The case for doing so was meritless.”