43 C.F.R. § 3809.809
May I appeal a decision made by the State Director?
(a) An adversely affected party may appeal the State Director's decision to OHA under part 4 of this title, except that you may not appeal a denial of your request for State Director review or a denial of your request for a meeting with the State Director.
(b) Once the State Director issues a decision under this subpart, it replaces the original BLM decision, which is no longer in effect, and you may appeal only the State Director's decision.
Notes of Decisions
Cited in 1
case, 2010–2010 · leading case: Te-Moak Tribe of W. Shoshone v. United States Dep't of Interior, 608 F.3d 592 (9th Cir. 2010).
Te-Moak Tribe of W. Shoshone v. United States Dep't of Interior, 608 F.3d 592 (9th Cir. 2010). “See 43 C.F.R. § 3809.809 (b). *599 The arbitrary and capricious standard “requires us to ensure that an agency has taken the requisite hard look at the environmental consequences of its proposed action, carefully reviewing the record to ascertain whether the agency decision is…”
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