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U.S. v. CARPENTER

Case No. 3:99-cv-00547-MMD-WGC.

UNITED STATES OF AMERICA, Plaintiff, v. JOHN C. CARPENTER and COUNTY OF ELKO, Defendants, THE WILDERNESS SOCIETY and GREAT OLD BROADS FOR WILDERNESS, Intervenors and Cross-Claimants.

United States District Court, D. Nevada.

August 16, 2016.

Attorney(s) appearing for the Case

United States Of America, Plaintiff, represented by Blaine T. Welsh , U.S. Attorney's Office, David W. Gehlert , U.S. Dept. of Justice & Holly A. Vance , U.S. Attorney's Office.

John C. Carpenter, Defendant, represented by Michael S. Freeman , Earthjustice.

County of Elko, Defendant, represented by Curtis Foster Moore , Elko County District Attorney, Kristin A. McQueary , Elko County District Attorney's Office, Mark Torvinen , Elko County District Attorneys Office & Gary D. Woodbury , Elko County District Attorney's Office.

County of Elko, Counter Claimant, represented by Curtis Foster Moore , Elko County District Attorney, Gary D. Woodbury , Elko County District Attorney's Office, Kristin A. McQueary , Elko County District Attorney's Office & Mark Torvinen , Elko County District Attorneys Office.

United States Of America, Counter Defendant, represented by Blaine T. Welsh , U.S. Attorney's Office, David W. Gehlert , U.S. Dept. of Justice & Holly A. Vance , U.S. Attorney's Office.

Wilderness Society, Intervenor Defendant, represented by Henry Egghart , Michael S. Freeman , Earthjustice, Michael A. Hiatt , Earthjustice, pro hac vice & Robert B. Wiygul , Waltzer Wiygul & Garside, LLC, pro hac vice.

Great Old Broads for Wilderness, Intervenor Defendant, represented by Michael S. Freeman , Earthjustice, Michael A. Hiatt , Earthjustice, pro hac vice & Henry Egghart .

State of Nevada, Amicus, represented by Adam P. Laxalt , Nevada Attorney General, C. Wayne Howle , Nevada Attorney General's Office, Kathryn Armstrong , Office of the Attorney General & Lawrence VanDyke , Office of the Nevada Attorney General.

State of Nevada Office of the Attorney General, Amicus, represented by C. Wayne Howle , Nevada Attorney General's Office, Kristin A. McQueary , Elko County District Attorney's Office, Lawrence VanDyke , Office of the Nevada Attorney General & Michael S. Freeman , Earthjustice.

ORDER

I. INTRODUCTION

In 1995, a storm damaged a stretch of a remote road ("South Canyon Road" or "the Road") in the Humboldt-Toiyabe National Forest in Elko County, Nevada. The Road's resulting inaccessibility — and conflicting plans for its repair — sparked a lengthy legal dispute...

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