"It doesn't matter what Congress does, we're going forward, and we will sue," Shurtleff told KUTV in Salt Lake City.
It's a much more aggressive stance from Shurtleff, who In early March told the Deseret News that his investigation was in the "discovery stage." Later that month, ESPN.com wrote that Shurtleff was "gathering contracts, statistics, economic data and experts, and expects to be able to file suit against the BCS in June."
Shurtleff told KUTV that he plans to ask the Federal Justice Department to take a lead role in the lawsuit. "We know that the type of antitrust lawsuit will be very expensive," he said.
Shurtleff is being criticized over a fund-raising dinner he held late last month. The dinner, which was posted on the attorney general's Facebook page, was held in a tower overlooking Utah's Rice Eccles stadium and cost $300 per person.
The announcement read: "Mark Shurtleff with Speaker Kyle Whittingham to Let you know that we're not gonna take it! For all you BCS busting DIE-HARDS out there we're going to be holding a dinner to let you know what we are doing about the blatantly unfair college football championships."
The Salt Lake Tribune reported that funds raised at the dinner were for Shurtleff's recently formed Political Action Committee, P.A.C. for Utah's Future.
"That money is there to further interest in other campaigns and special projects," Shurtleff campaign manager Jason Powers told the newspaper.
Shurtleff is considering a run for senator Bob Bennett's seat in 2010 or for Utah governor in 2012. An announcement could come this month.
Salt Lake City attorney David Irvine said Shurtleff's BCS battle comes off as a political stunt. "It kind of makes everything sound more like a senatorial campaign event than a serious lawsuit," he said.
Shurtleff said that's not the case, telling the Tribune, "I don't expect much from Irvine, who has litigation against the state." Thanks to Ben Maller.