43 C.F.R. § 4.1263

Contents of application

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The application shall include—

(a) A detailed written statement setting forth the reasons why relief should be granted;

(b) A showing that there is a substantial likelihood that the findings and decision of the administrative law judge in the matters to which the application relates will be favorable to the applicant;

(c) A statement that the relief sought will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources;

(d) If the application relates to an order of cessation issued pursuant to section 521(a)(2) or section 521(a)(3) of the act, a statement of whether the requirement of section 525(c) of the act for decision on the application within 5 days is waived; and

(e) A statement of the specific relief requested.

Notes of Decisions

Cited in 2 cases, 1985–1985 · leading case: Mullins Coal Co. v. William P. Clark, Sec'y, Dep't of Interior, 759 F.2d 1142 (4th Cir. 1985).

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Mullins Coal Co. v. William P. Clark, Sec'y, Dep't of Interior, 759 F.2d 1142 (4th Cir. 1985). “43 C.F.R. § 4.1263 (b), (d) (1984). Additionally, section 4.”

Mullins Coal Co. v. Clark, 600 F. Supp. 645 (W.D. Va. 1985). · cites it 2× “In a memorandum filed with the court, the Secretary states that the plaintiff has failed to comply with 43 C.F.R. § 4.1263 , which is the regulation providing temporary relief.”

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