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. § 4.1369

Petition for discretionary review; judicial review

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(a) Any party aggrieved by a decision of an Administrative Law Judge may file a petition for discretionary review with the Board within 30 days of receipt of the decision or, in the alternative, may seek judicial review in accordance with 30 U.S.C. 1276(a)(2) (1982). A copy of the petition shall be served simultaneously on the Administrative Law Judge who issued the decision, who shall forthwith forward the record to the Board, and on all other parties to the proceeding.

(b) The petition shall set forth specifically the alleged errors in the decision, with supporting argument, and shall attach a copy of the decision.

(c) Any party may file a response to a petition for discretionary review within 20 days of receipt of the petition.

(d) The Board shall issue a decision denying the petition or granting the petition and deciding the merits within 60 days of the deadline for filing responses.

Notes of Decisions
Cited in 2 cases, 1992–1993 · leading case: Pittston Co. v. Lujan, 798 F. Supp. 344 (W.D. Va. 1992).
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Pittston Co. v. Lujan, 798 F. Supp. 344 (W.D. Va. 1992). · cites it 2× “An adverse decision of the Hearings Division may be appealed to the Interior Board of Land Appeals pursuant to 43 C.F.R. §§ 4.1369 , 4.1378, and 4.1388.”
Fincastle Mining, Inc. v. Babbit, 842 F. Supp. 204 (W.D. Va. 1993). · cites it 2× “An adverse decision of the hearings division may be appealed to the Interior Board of Land Appeals pursuant to 43 C.F.R. §§ 4.1369 , 4.1378, and 4.1388.”
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