Walcher: Who decides what’s a public road?
By Greg Walcher | Guest Commentary, GregWalcher.com
Several years ago, Utah filed a suit insisting that the federal government turn over to the state 12,000 roads that cross federal lands within Utah. Few officials noticed, as disputes over who controls public roads on federal lands are nothing new. But the federal judge hearing this case just sent shock waves through Washington with an 80-page ruling containing an analysis worthy of the highest court, refusing to dismiss the case, and excoriating the government for trying to thwart the clear intent of the law.
It is at least the 10th time in recent memory that federal courts reigned in federal agencies asserting absolute authority over public roads across public lands.
The case cannot be understood without historical context...