CFR > Title 43 - Public Lands: Interior > SUBTITLE A—Office of the Secretary of the Interior > PART 4—DEPARTMENT HEARINGS AND APPEALS PROCEDURES > SUBPART E—Special Rules Applicable to Public Land Hearings and Appeals (§4.400 to §4.480) > 4.471—How to petition for a stay of a final BLM grazing decision.

4.471—How to petition for a stay of a final BLM grazing decision.

(a) An appellant under § 4.470 may petition for a stay of the final BLM grazing decision pending appeal by filing a petition for a stay together with the appeal under § 4.470 with the BLM field office that issued the decision.
(b) Within 15 days after filing the appeal and petition for a stay, the appellant must serve copies on—
(1) Any other person named in the decision from which the appeal is taken; and
(2) The appropriate office of the Office of the Solicitor, in accordance with § 4.413(a) and (c).
(c) A petition for a stay of a final BLM grazing decision pending appeal under paragraph (a) of this section must show sufficient justification based on the following standards:
(1) The relative harm to the parties if the stay is granted or denied;
(2) The likelihood of the appellant's success on the merits;
(3) The likelihood of immediate and irreparable harm if the stay is not granted; and
(4) Whether the public interest favors granting the stay.
(d) The appellant requesting a stay bears the burden of proof to demonstrate that a stay should be granted.
[68 FR 68770, Dec. 10, 2003]