C.F.R. » Title 43 » PART 4—DEPARTMENT OF THE INTERIOR HEARINGS AND APPEALS PROCEDURES › Subpart L—Specific Rules Applicable to Hearings and Appeals Concerning Surface Coal Mining

43 C.F.R. § 4.1267

Appeals

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(a) Any party desiring to appeal a decision of an administrative law judge granting temporary relief may appeal to the Board.

(b) Any party desiring to appeal a decision of an administrative law judge denying temporary relief may appeal to the Board or, in the alternative, may seek judicial review pursuant to section 526(a) of the act.

(c) The Board shall issue an expedited briefing schedule and shall issue a decision on the appeal expeditiously.

[43 FR 34386, Aug. 3, 1978, as amended at 45 FR 50753, July 31, 1980]
Notes of Decisions
Cited in 3 cases, 1981–1985 · leading case: Shawnee Coal Co. v. Cecil D. Andrus, Sec'y of the Interior, 661 F.2d 1083 (6th Cir. 1981).
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Shawnee Coal Co. v. Cecil D. Andrus, Sec'y of the Interior, 661 F.2d 1083 (6th Cir. 1981). “In addition, the applicant may bypass the Interior Board of Surface Mining Appeals, 43 C.F.R. 4.1267. Under § 526(c), the district court may then grant temporary relief pending completion of the administrative process.”
Mullins Coal Co. v. William P. Clark, Sec'y, Dep't of Interior, 759 F.2d 1142 (4th Cir. 1985). “43 C.F.R. § 4.1267 (1984). The district court may grant temporary relief under section 1276(c) pending completion of the administrative process.”
Clinchfield Coal Co. v. Hodel, 640 F. Supp. 334 (W.D. Va. 1985). · cites it 3× “§ 1276 (c) and 43 C.F.R. § 4.1267 (b). I. Statement of Facts Clinchfield Coal Company is the permitee of a surface coal mining operation located in Dickenson County, Virginia.”
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