Linux Lawyering Blog

In Living Rivers v. UDEQ, 2017 UT 64, the Utah Supreme Court again dinged an appellant for not individually challenging each of of the reasons that supported the decision on review. In its 22 page opinion, the court affirmed the agency action on appeal "despite reservations about the [agency's] statutory analysis." Id. ¶ 4. The case thus serves as another in a long line of reminders that procedural rules matter and that litigants face a substantial risk of losing an otherwise viable appeal by failing to understand the nature of appellate review.