Custer County In Legal Battle With BLM

A battle over a road is under way in Custer County.

County commissioners are leading the effort to open a portion of Herd Creek Road, which has been blocked by the Bureau of Land Management since 1999.

On Sunday, county leaders said they used a loader to move the boulders and a mound of dirt out of the way. They were joined by the county sheriff and a caravan of over a dozen supportive residents.

The county claims it’s a public right of way, and should not be closed.

Commission chairman Wayne Butts says that since the majority of the land in Custer County is government-owned, it’s important for locals to stand their ground.

“Long story short, we know that the road will be open because that’s the way the law is written and we followed everything by the law,” Butts said.

According to court documents, the road was closed because it borders a wilderness study area.

COURT DOCUMENT: USA vs. Custer County Temporary Restraining Order Request

COURT DOCUMENT: Restraining Order Issued

Custer County commissioners and BLM officials will bring the case in front of a federal judge in Pocatello on Thursday morning.