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Elko County authorizes committee to finalize amicus brief supporting Utah challenge to federal land jurisdiction

Elko County Board of Commissioners · October 2, 2024
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Summary

The board authorized a four-person committee to finalize and file an amicus brief supporting the State of Utah's lawsuit challenging federal management of certain public lands. Commissioners emphasized constitutional and local land-use concerns and invited public input from local advocates.

Elko County commissioners voted to authorize a committee (identified in the motion as Curtis, Rex, Rand and Travis) to finalize an amicus brief in support of the State of Utah's motion in its legal challenge against federal land-management claims.

Commissioner Rex (speaker 6) said the draft amicus attached to the agenda was too weak and urged strengthening language to address what he described as the "800-pound gorilla" of federal plenary power over public lands. Cliff Gardner, who has been providing research to commissioners, said he is coordinating with attorneys and other local leaders and urged the county to take a stronger legal position on Article IV jurisdiction and federal authority. "I thought Rex did a very good job," Gardner said of the proposed edits and offered to participate in outreach to neighboring counties.

The board's motion authorized the committee to finalize the amicus brief and to submit it on behalf of Elko County; counsel and commissioners clarified that the interlocal and legal filings will be finalized in subsequent drafts. The motion carried by voice vote.