43 C.F.R. § 4.21
Exhaustion and finality
(a) Exhaustion. An appeal must be filed with the Director or applicable Appeals Board to exhaust administrative remedies unless otherwise provided by applicable law or the decision is immediately effective.
(b) Finality—(1) Decisions not in effect. A decision that is not in effect pending completion of an appeal does not constitute final agency action for the Department.
(2) Decisions in effect. A decision that is in effect, or goes into effect, pending completion of an appeal is final agency action for the Department, subject to being superseded by a final decision of the Director or an Appeals Board.
(3) Final Department Decision. The final decision of the Director or an Appeals Board constitutes the final agency action of the Department and is effective on the date it is issued unless the decision provides otherwise.
Notes of Decisions
Cited in 81
cases (7 in the last 5 years), 1976–2025 · leading case: Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010).
Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010). “43 C.F.R. § 4.21 (a)(2). If an Appeals Board fails to act upon a petition for a stay or denies such a petition, the decision becomes effective immediately.”
Leda Anderson, a Married Person v. Bruce Babbitt, Sec'y of the U.S. Dep't of the Interior, 230 F.3d 1158 (9th Cir. 2000). “Anderson contends that her due process claim is not subject to the exhaustion requirements of 43 C.F.R. § 4.21 (c), and that the district court erred by dismissing for lack of subject matter jurisdiction.”
Wilkie v. Robbins, 551 U.S. 537 (2007). “See 43 CFR § 4.21 (2006). Such a stay, if granted, would have permitted Robbins to continue to operate under the 5-year SRUP.”
Farrell-Cooper Mining Co. v. United States Dep't of the Interior, 864 F.3d 1105 (10th Cir. 2017). “43 C.F.R. § 4.21 (c). However, an ALJ decision is not always rendered inoperative pending appeal.”
Wildearth Guardians v. Sally Jewell, 738 F.3d 298 (D.C. Cir. 2013). “43 C.F.R. § 4.21 (a)(3), (c). The PRBRC pursued its administrative appeal and the IBLA affirmed the ROD in full.”
Silverton Snowmobile Club v. United States Forest Serv., 433 F.3d 772 (10th Cir. 2006). “See 43 C.F.R. § 4.21 (c). 8 We accordingly affirm the district court’s dismissal of this claim.”
Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 586 F.3d 735 (9th Cir. 2009). “43 C.F.R. § 4.21 (a)(2). If an Appeals Board fails to act upon a petition for a stay or denies such a petition, the decision becomes effective immediately.”
Oregon Nat. Desert Ass'n v. McDaniel, 751 F. Supp. 2d 1145 (D. Or. 2010). “First, 43 C.F.R. § 4.21 (a) addresses final agency actions pending an appeal of a BLM decision before the IBLA.”
M.L. Johnson Fam. Prop. v. David Bernhardt, 924 F.3d 842 (6th Cir. 2019). “" 43 C.F.R. § 4.21 (c), (d). But the regulations also contain a narrow carve-out to that general rule.”
Indep. Petroleum Ass'n of Am. v. Bruce Babbitt, 92 F.3d 1248 (D.C. Cir. 1996). “7 (1995); 43 C.F.R. § 4.21 (c) (1995). Although both decisions were subject to further administrative appeal, they were not appealed.”
Idaho Watersheds Proj. v. Hahn, 307 F.3d 815 (9th Cir. 2002). “43 C.F.R. § 4.21 (c). Under these regulations, the aggrieved party must file not only an appeal but must also file a petition for a stay of the decision pending appeal as well.”
Ctr. for Biological Diversity v. United States Dep't of the Interior, 581 F.3d 1063 (9th Cir. 2009). “When IBLA failed to act on the Appellants' request within forty-five days as mandated by 43 C.F.R. § 4.21 (b)(4), Appellants filed suit in federal district court.”
— 43 C.F.R. § 4.21(a) — 2 cases
Oregon Nat. Desert Ass'n v. McDaniel, 751 F. Supp. 2d 1145 (D. Or. 2010). “First, 43 C.F.R. § 4.21 (a) addresses final agency actions pending an appeal of a BLM decision before the IBLA.”
N. States Power Co. v. Prairie Island Mdewakanton Sioux Indian Cmty., 781 F. Supp. 612 (D. Minnesota 1991).
— 43 C.F.R. § 4.21(a)(1) — 1 case
Oro Vaca, Inc. v. Norton, 55 F. App'x 433 (9th Cir. 2003).
— 43 C.F.R. § 4.21(a)(3) — 1 case
Oregon Nat. Desert Ass'n v. McDaniel, 751 F. Supp. 2d 1145 (D. Or. 2010). “First, 43 C.F.R. § 4.21 (a) addresses final agency actions pending an appeal of a BLM decision before the IBLA.”
— 43 C.F.R. § 4.21(c) — 2 cases
Nequoia Ass'n v. Dep't of the Interior of the United States, 626 F. Supp. 827 (D. Utah 1985).
Geosearch, Inc. v. Andrus, 494 F. Supp. 978 (D. Wyo. 1980).
— 43 C.F.R. § 4.21(d) — 1 case
Moncrief v. United States, 43 Fed. Cl. 276 (Fed. Cl. 1999).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.