The continuing judicial story of the South Canyon Road on the Jarbridge River (where the first battle was fought with shovels).
Legal arguments center on an 1866 law that established so-called RS 2477 roads by granting states and counties the right of way to build highways on federal lands… The government denies such a right of way exists. But under political pressure, the Forest Service signed a settlement agreement in 2003 with assurances it no longer would challenge the county’s claim.
The Wilderness Society and Great Old Broads for Wilderness sued to block the deal, saying U.S. officials lacked the authority to cede control of the road and shirked their responsibility to protect the bull trout. The 9th Circuit Court of Appeals agreed and tossed the agreement out in 2005, before the agency signed a similar deal in 2011 and conservationists sued again.