Judge to Rule on Protesters’ Plan to Rebuild Forest Road

A federal judge is slated to rule today on whether to restrain protesters from reopening a disputed dirt road in Elko County.

Government lawyers want a temporary restraining order issued against members of the “Shovel Brigade” to prevent them from venturing onto U.S. Forest Service land to rebuild South Canyon Road near the tiny town of Jarbidge, which is about 10 miles from the Idaho border.

U.S. District Judge Philip Pro listened to arguments Wednesday from U.S. Atty. Steve Myhre, who said the Shovel Brigade was “sticking their finger in the eye of the federal government.”

The government contends that the group has not applied for the permits needed to reopen the road along the Jarbidge River.

A lawyer for the Shovel Brigade asked Pro for more time before presenting the group’s argument.

Pro continued the hearing until 11 a.m. today. He is expected to rule then.

Demar Dahl, leader of the Shovel Brigade, has said a court order would not stop the work planned to reopen the road.

The feud centers on a 1.5-mile stretch of dirt road in the Humboldt National Forest that leads to a campground at the edge of a wilderness area. The road was washed out by floods in 1995. Federal authorities have blocked the road from being reopened because they contend that the work will damage the habitat of the threatened bull trout.

Elko County officials contend that the road is theirs because it existed long before the national forest was formed.

The dispute with the Forest Service escalated last fall, gaining national attention and becoming a symbol of rural conflicts with federal land managers. In January, more than 10,000 shovels were donated to the county in a gesture of support from sympathizers throughout the West.

Shovel Brigade organizers say those tools will be used to reopen the road Monday and Tuesday, when organizers expect 3,000 to 5,000 people to turn out.

Elko County commissioners were scheduled to consider a proposed compromise on the issue Wednesday night.

The compromise could allow the road to be rebuilt in a new location after environmental impact studies are conducted. But the agreement would not give the county ownership of the road, which it has sought.

U.S. Rep. Jim Gibbons of Nevada said that the proposal is a winning one for the county and that he hopes protesters planning to rebuild the road do not jeopardize the delicate compromise.