2 Shovel Brigade leaders resign after U.S attorney’s stern warning letter

Martin Griffith

Saturday, July 1, 2000 | 5:37 a.m.

RENO, Nev. - Two Shovel Brigade board members have resigned following a stern warning letter from Nevada's chief federal prosecutor about the group's plans to reclaim a remote dirt road in Elko County this week.

Marla Griswold of the Jackpot area and A.A. Cuthbertson of Lamoille resigned after U.S. Attorney Kathryn Landreth issued the warning in a June 9 letter to Shovel Brigade President Demar Dahl.

In the letter, Shovel Brigade leaders were warned that they would be prosecuted for any violation of federal environmental laws during the road's planned reopening near Jarbidge over the Independence Day holiday.

As many as 5,000 protesters are expected to join the citizens' rally to reopen the washed-out road with shovels in defiance of the U.S. Forest Service and Fish and Wildlife Service.

The 1.5-mile road leading to a wilderness trailhead near the Idaho border has become a rallying cry for some rural Westerners upset with federal land policies.

"It would certainly be obvious that liability is one of the concerns that prompted me to resign, but it's not the primary one," Griswold said. "It goes much farther than that."

Griswold, who also resigned as the Shovel Brigade's secretary, declined to elaborate.

Cuthbertson insisted Landreth's letter had nothing to do with his resignation, but said he will not attend the rally. Griswold also will not show up.

"I'm still supportive of the concept of the rally," he said. "But there's a concern that other people could come up there and cause trouble."

Law-enforcement authorities worry about the potential for conflict with environmental and militia groups drawn to the protest.

Shovel Brigade Vice President Elwood Mose acknowledged Landreth's warning made some people think twice about joining the rally.

"I think various people looked at that and for a while it chilled the thing," he said.

"I think they said, 'If we're going to be guilty of violating (federal environmental laws) with no presumption of innocence, we want to stay away from that."'

But Mose said he thinks the vast majority of supporters will ignore Landreth's threats and head up to Jarbidge.

"They share a common concern about where our country is going and a common desire for local control," he said.

The road has been closed since 1995 when floods washed it out. Federal officials have refused efforts to reopen it, fearing the work will damage the nearby stream that is home to the threatened bull trout.

In a memo to Shovel Brigade board members, Dahl said it's his intent to reopen the road with as little environmental impact as possible.

"The Brigade will remove the dirt, rocks, trees and debris put there by the Forest Service to make the road impassable," he wrote.

Federal officials think rocks and debris removed by protesters from the road will end up in the adjacent Jarbidge River.

They fear the project could cause irreparable harm to the bull trout, and will check for violations of the Endangered Species Act and Clean Water Act afterward.

Even though a federal judge rejected the government's attempt to halt the event, protesters still can be prosecuted for any legal violations, federal officials warned.