On April 4, the Utah Supreme Court heard oral argument on a pivotal question of state law that could affect the future of the state of Utah’s R.S. 2477 litigation. The question was “certified” by the federal court hearing the state of Utah’s suite of R.S. 2477 claims, a mechanism by which the federal court can enlist the state’s highest court to resolve novel questions of state law. It’s a wonky question with big implications—whether a particular law is a “statute of repose” or a “statute of limitations.” Should the Court decide it’s the former, it could mean the end of the state of Utah’s massive, wasteful, and anti-wilderness suite of R.S. 2477 litigation.
The Court recently posted an audio recording of the argument. SUWA was represented at oral argument by Jess Krannich, a partner at the Salt Lake City law firm of Manning Curtis Bradshaw & Bednar, LLC. We expect a decision by the end of this summer, but in the meantime, give it a listen!