SALT LAKE CITY — The state of Utah may or may not refile a controversial lawsuit demanding the federal government hand over control of millions of acres of public lands.
It came during a court hearing over a lawsuit challenging Utah's decision to pursue control of the lands. If the state ultimately opts not to, it could mean that the state spent millions of taxpayer dollars on a legal and public relations campaign only to abandon the effort.
"Maybe the burning question is, when will that case get refiled? I can tell you it’s under consideration, but it’s not guaranteed it will even be filed again," assistant Utah Attorney General Lance Sorenson told the judge. "So as we stand here today, there is no federal lawsuit and there may never be one."
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On Monday, 3rd District Court Judge Thaddeus May heard arguments from the Southern Utah Wilderness Alliance and the Utah Attorney General's Office over the future of the case. The state is seeking to have SUWA's lawsuit dismissed, while SUWA is seeking to amend its complaint and have a judge block the state from engaging in any land transactions.
When Governor Spencer Cox and Republican legislative leaders announced last year that they would be pursuing a petition to the U.S. Supreme Court to lay claim to 18.5 million acres of "unappropriated" lands within the state's boundaries. Such lands are not designated under national parks, monuments, tribal, military or Forest Service jurisdiction. SUWA sued arguing the transfer of that land would be unconstitutional as Utah abandoned such claims when it became a state.
The U.S. Supreme Court refused to hear Utah's petition in January. But the state has always had the option to pursue the matter in the lower courts first, eventually returning to the nation's top court.
In public statements by the governor and legislative leaders when the U.S. Supreme Court rejected the petition, lawmakers signaled they would be interested in pursuing the case in the future. Attorneys for SUWA, in seeking to keep their lawsuit alive, argued those statements still have merit.
"I think that was their convenient answer for today," SUWA Legal Director Steve Bloch told FOX 13 News outside of court. "I think we’ve heard from the governor, from the attorney general, they intend to force the United States to sell off millions of acres of public lands."
But Judge May questioned if he could rule on a lawsuit that technically hasn't been filed yet.
"I think it’s clear there are public statements by the governor and attorney general’s office in support of further legal action in this vein," the judge told lawyers on Monday. "That being true, it’s still future action meaning this court, no other court has seen action."
Republican leaders on Utah's Capitol Hill launched a vigorous ad blitz to persuade the public to support the lawsuit. There were billboards and TV ads running in support of the effort. On Monday, House Speaker Mike Schultz, R-Hooper, declined to comment on whether the state would move forward with a renewed lawsuit. Governor Spencer Cox's office did not immediately respond to a request for comment.
"They want to force the sale of federal lands into private hands, full stop," Bloch said. "So the media campaign that Utah has been waging is just false and misleading."
Judge May took the arguments under advisement with a ruling expected in 60 days.
In a statement late Monday, Utah Attorney General Derek Brown suggested the public lands lawsuit may return.
"Utah is actively exploring every available avenue, including refiling our lawsuit, to challenge the assumption that the federal government can indefinitely hold onto public lands without designating them for a purpose," he said.
