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Democrats on a commission weighing whether Utah should sue to force the federal government to give up ownership of tens of millions of acres of land are formally demanding access to information — for and against the lawsuit — prepared by attorneys for the panel.
"With a projected price tag of over $14 million … we believe that any decision recommending litigation be made with an understanding of both sides of the dispute," Sen. Jim Dabakis and Rep. Joel Briscoe wrote in a letter to chairmen of the Commission for the Stewardship of Public Lands. "In only that way can we assess the merits of such an endeavor."
Dabakis and Briscoe, the only two Democrats on the eight-member panel, met with attorneys from the Davillier Law Group, which was hired by the commission, and asked them to explain the potential pitfalls and counterarguments to the state's lawsuit.
The lawyers refused, saying they could not share that information without permission of the two chairmen of the commission — Sen. David Hinkins and Rep. Keven Stratton, both Republicans. It would be foolish, attorney George Wentz told Dabakis, to provide the federal government with a road map to fight the state's lawsuit.
In their letter Thursday, the two Salt Lake City Democrats asked for any information that had been provided to the commission chairmen about where the lawsuit might fail.
If the lawyers hadn't advised the chairmen of potential weaknesses of the case, Dabakis and Briscoe asked that commissioners be given that information so they can weigh the pros and cons before recommending that the state proceed with the lawsuit — which is estimated to cost $14 million.
Last month, the team of lawyers presented the commission with a 150-page legal analysis on the merits of Utah's case, charging the state $640,000 for the work.
The team concluded that Utah had a compelling legal argument that the state is entitled to claim ownership of millions of acres of federal land.
Based on the analysis, the commission voted to recommend that the lawyers draft a complaint — with a price tag of about $4 million — to initiate the lawsuit.
Utah Attorney General Sean Reyes and Gov. Gary Herbert, both Republicans, are weighing the options on how to proceed. Herbert has expressed concerns about the cost of the lawsuit and the prospects for success.
Twitter: @RobertGehrke