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Pac-12 maintains Mountain West poaching penalties are ‘invalid and unenforceable’

Pac-12 files opposition to MWC’s motion to dismiss in federal court
Bob Lundeberg|
Pac-12 Conference.
Pac-12 Conference. | Kirby Lee-Imagn Images

The legal battle between the Pac-12 and Mountain West Conference continued Monday in federal court.

Back in September, the Pac-12 filed a lawsuit against the MWC over $55 million in poaching penalties. Boise State, Colorado State, Fresno State, San Diego State and Utah State are all leaving the MWC for the Pac-12 in 2026.

The MWC filed a motion to dismiss the Pac-12’s lawsuit in November. A motion to dismiss hearing is scheduled for March 25 in the Northern District of California.

On Monday, the Pac-12 filed an opposition to the MWC’s motion to dismiss. 

According to Bay Area News Group’s Jon Wilner, the Pac-12 believes the poaching fees are “invalid and unenforceable.” The poaching provision was included in a 12-game scheduling agreement between the Pac-12 and MWC for the 2024 football season that was not renewed for 2025. 

The scheduling agreement required the conference to pay a $10 million fee if a school were to leave the MWC for the Pac-12, with a $500,000 escalator for additional defectors.

After the Pac-12 filed its lawsuit, MWC Commissioner Gloria Nevarez issued a statement on the poaching penalty. 

“The (poaching) provision was put in place to protect the Mountain West Conference from this exact scenario,” Nevarez said. “At no point in the contracting process did the Pac-12 contend that the agreement that it freely entered into violated any laws.”

Wilner reported that Pac-12 Commissioner Teresa Gould did express concern directly to Nevarez before the scheduling agreement was signed in 2023. The Pac-12 believes the poaching penalties were designed to cripple the conference financially and limit competition. 

The MWC is also being sued by Boise State, Colorado State and Utah State over millions of dollars in exit fees. According to the lawsuit, the MWC is asking for exit fees ranging between $19-38 million per school.

Just like the Pac-12 lawsuit, Boise State, Colorado State and Utah State argue that the exit fees are “invalid and unenforceable.” The three schools allege that Nevarez held secret meetings without the departing five members while cutting under-the-table deals with existing members Air Force and UNLV.

Back in December, Yahoo Sports’ Ross Dellenger reported that all five departing MWC schools believe the exit fees are invalid. A letter to Nevarez signed by the five future Pac-12 schools citing issues with the exit fees was included in the complaint.

“The conference’s attempt to impose the exit fee on the five institutions is improper and unenforceable,” the letter said. “The exit fee, which is completely untethered to any harm to the conference from a member’s departure, is clearly designed to punish departing members and is therefore invalid as a matter of law.”

The Pac-12 has eight schools signed up for the 2026-27 season: Boise State, Colorado State, Fresno State, Gonzaga, Oregon State, San Diego State, Washington State and Utah State. 

The conference will need to add at least one more football-playing member before 2026 to reach the NCAA’s eight-team minimum to qualify as an FBS conference. Gonzaga does not compete in football.

The MWC will look much different in 2026 with Air Force, Hawaii, Nevada, New Mexico, San Jose State, UNLV and Wyoming all remaining. UTEP was announced as the conference’s eighth football-playing school in October while UC Davis and Grand Canyon are coming aboard as non-football members. Earlier this month, Northern Illinois agreed to join the conference as a football-only addition.

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Bob Lundeberg
BOB LUNDEBERG

Bob Lundeberg is a reporter for Boise State Broncos On SI. An Oregon State graduate, Bob has lived in Idaho since 2019 and is an avid hiker and golfer.

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