March 17, 2015
Carson City, NV – Nevada Attorney General Adam Paul Laxalt announced the filing of a “friend of the court brief” in a federal court dispute between environmental groups and Elko County. The AG’s brief, supporting Elko County, addresses the historical understanding of what constitutes a public road under Nevada law. In a lawsuit against the rural county, environmental groups claim that the only way a public road could be created under Nevada law in the 19th century was by a county commission’s affirmative action. The Attorney General’s Office filed a brief explaining that this interpretation of the law is incorrect.
“This public land access issue before the federal court is one of tremendous importance to all of Nevada, given that most of our state is federal public land,” said Laxalt. “Public access is vital for many different important activities in Nevada, including recreation, ranching, mining and a host of other activities. On behalf of Nevada, I am committed to fighting for our access to public lands.”
In its brief, the Attorney General’s Office explained that fundamental rules of statutory construction, Nevada Supreme Court precedent and a 1992 opinion by then-Attorney General Frankie Sue Del Papa all support the position currently taken by Elko County.
To read the friend of the court brief filed by the Nevada Attorney General’s Office, click here.