30 C.F.R. § 290.3
What is the time limit for filing an appeal?
You must file your appeal within 60 days after you receive BSEE's final decision or order. The 60-day time period applies rather than the time period provided in 43 CFR 4.411(a). A decision or order is received on the date you sign a receipt confirming delivery or, if there is no receipt, the date otherwise documented.
Notes of Decisions
Cited in 6
cases, 1980–2008 · leading case: Alaska Wilderness League v. Kempthorne, 548 F.3d 815 (9th Cir. 2008).
Alaska Wilderness League v. Kempthorne, 548 F.3d 815 (9th Cir. 2008). “However, since NSB and REDOIL utilized the administrative appeal process, the sixty-day deadline did not begin to run on February 15, 2007. NSB and REDOIL filed an optional appeal of the agency's decision with the IBLA on April 13, 2007, pursuant to 30 C.”
Placid Oil Co. v. United States Dep't of Interior, 491 F. Supp. 895 (N.D. Tex. 1980). “30 C.F.R. § 290.3 (1978). Interior argues that, under that regulation, Hunt and Placid should have filed their objections to the royalty directive thirty days after the receipt of the first notice in November of 1974.”
Rainbow Resources, Inc. v. Calf Looking, 521 F. Supp. 682 (D. Mont. 1981). “4 The time limit imposed for the taking of such appeal is thirty (30) days as provided by 30 C.F.R. § 290.3 (a). Since the defendant, Fred Bull Calf, has a statutory right of appeal on which the time *685 period for filing has not yet run, 5 this court would be remiss to grant…”
Moncrief v. United States, 43 Fed. Cl. 276 (Fed. Cl. 1999). “3 (1995); 30 C.F.R. § 290.3 (1995); 43 C.F.R. § 4.21 (1995).”
OXY USA, Inc. v. Babbitt, 122 F.3d 251 (5th Cir. 1997). “5 Cities appealed the RVSD’s decision to the Director of MMS pursuant to 30 C.F.R. § 290.3 . The Director affirmed.”
Alaska Wilderness v. Kempthorne (9th Cir. 2008). “This optional appeal was filed within the sixty-day timeline established by 30 C.F.R. § 290.3 . On May 4, 2007, the IBLA declined to exercise its jurisdiction and stayed further proceedings pend- ing the outcome of AWL’s petition, already filed in this court.”
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