Federal government seek restraining order against July 4th protest

Sandra Chereb

Wednesday, June 28, 2000 | 10:26 a.m.

RENO, Nev. - Government lawyers asked a federal judge Tuesday to stop a rebellion over a remote road in northeastern Nevada planned for the July Fourth holiday.

The motion seeks a temporary restraining prohibiting members of the Shovel Brigade, the group's leader, Demar Dahl, "and any persons working with the Shovel Brigade" from venturing onto Forest Service land to rebuild a disputed road near the tiny town of Jarbidge.

"The problem here is the government is seeking to restrain them because they have not applied for permits for what they intend to do," Assistant U.S. Attorney Steve Myhre said.

The case was assigned to U.S. District Judge David Hagen, who issued the order that halted a similar road-building party in October. It was not immediately known when Hagen would rule on the motion or if he would schedule a hearing, not that it appears to matter to the Shovel Brigade.

Dahl issued a statement earlier in the day saying a court order would not stop the work planned to reopen the South Canyon Road. The road on national forest land runs along the Jarbidge River, home to the threatened bull trout.

"It has always been the position of many people across the West that the road will be opened, and that determination is still in place," Dahl said.

Dahl insists no federal permits are needed and no laws will be broken.

"No work will take place in or near the river, therefore the Clean Water Act and the Endangered Species Act will not be violated," he said. "This event is planned as a peaceful demonstration and we intend that there will be no lawlessness or rude behavior."

But Myhre said Dahl's assurances aren't good enough.

"You can say all day long you're not going to do this and you're not going to do that. But until you file a permit, you're in violation of a regulation and you're in trespass," he said.

The motion also cites concerns of potential violations of the Endangered Species Act and Clean Water Act as justification for the restraining order.

"The central thrust is he needs to file for a permit, he hasn't done so, so he needs to stay off the land," Myhre said.

The feud centers on a 1.5-mile stretch of dirt road in the Humboldt-Toiyabe National Forest that leads to a campground at the edge of a wilderness area. The road was washed out by floods in 1995.

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

The dispute with the U.S. 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 July 3-4, when organizers expect 3,000 to 5,000 people to turn out.

Elko County and the Justice Department, representing the U.S. Forest Service and the U.S. Fish and Wildlife Service, have been in court-ordered mediation in an ongoing dispute over who owns the road and whether it can be rebuilt without harming the southernmost population of the threatened bull trout.

A proposed compromise announced last week could allow the road to be rebuilt in a new location after environmental impact studies are conducted. The agreement does not give the county ownership of the road that it sought, while environmentalists claim it doesn't do enough to protect the fish.

Elko County commissioners have scheduled a public hearing on the proposal Wednesday night and it was unclear whether they will sign the deal.

The Shovel Brigade, meanwhile, has maintained it was not included in mediation and therefore is not bound by the agreement.