43 C.F.R. § 4.410

Briefs

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(a) Applicability. Unless otherwise ordered by the Board, the provisions of this section govern the briefing of an appeal. A party is required to seek and obtain the Board's leave to exceed the page limits, extend the time periods, file a brief not expressly provided for in this section, or otherwise depart from the requirements of this section.

(b) Statement of reasons. (1) An appellant must file a statement of reasons supporting an appeal with the Board no later than 30 days after the record on appeal is filed with the Board.

(2) The statement of reasons may not exceed 30 pages, excluding exhibits, declarations, or other attachments.

(3) The statement of reasons must set forth with specificity all legal or factual errors alleged to have been made in the decision being appealed. However, where the bureau or office provided an opportunity for participation in its decision-making process, a party may raise on appeal only those issues:

(i) Raised to the bureau or office by anyone who participated in the decision-making process; or

(ii) That arose after the close of the opportunity for such participation.

(4) All arguments in support of the appeal must be set forth in the statement of reasons. An appellant may not incorporate by reference arguments made in other documents.

(c) Answer. (1) The bureau or office may file one answer responding to a statement of reasons within 60 days after service of the statement of reasons or, if an intervenor files a brief in support of an appellant, 60 days after service of an intervenor's brief filed under paragraph (d)(1) of this section.

(2) The answer may not exceed 30 pages, excluding exhibits, declarations, or other attachments.

(3) Failure to file an answer will not result in a default.

(d) Intervenor brief. Unless otherwise ordered by the Board, the following requirements apply to an intervenor brief:

(1) An intervenor in support of an appellant may file a brief within 14 days after service of the statement of reasons.

(2) An intervenor in support of the bureau or office may file a brief within 14 days after service of the answer.

(3) An intervenor's brief may not exceed 20 pages, excluding exhibits, declarations, or other attachments.

(e) Reply brief. (1) An appellant may file one reply brief responding to an answer within 21 days after service of the answer or, if an intervenor files a brief in support of the bureau or office, within 14 days of service of an intervenor's brief filed under paragraph (d)(2) of this section.

(2) The reply brief is limited to addressing new issues raised in the answer or intervenor's brief(s).

(3) The reply brief may not exceed 20 pages, excluding exhibits, declarations, or other attachments.

(f) Sur-reply. No sur-reply may be filed unless a party first files a motion demonstrating a compelling reason to file a sur-reply and the Board grants the motion.

(g) Attachments. A party may attach exhibits, declarations, or other documents with a brief. The Board will consider the attachments to the extent the Board finds them reliable and relevant to the issues on appeal.

(h) Notices of supplemental authority. If pertinent and significant authorities come to a party's attention after the party's brief has been filed, a party may promptly advise the Board by filing a notice (with service on all parties) setting forth the citations to the authorities. The notice must state the reasons for providing the supplemental authorities and may not exceed three pages. Any response to the notice must be filed and served within 7 days and may not exceed three pages.

Notes of Decisions

Cited in 27 cases, 1976–2015 · leading case: Impact Energy Resources, LLC v. Salazar, 693 F.3d 1239 (10th Cir. 2012).

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Impact Energy Resources, LLC v. Salazar, 693 F.3d 1239 (10th Cir. 2012). · cites it 7× “” 43 C.F.R. § 4.410 (a)(3) (withdrawing IBLA authority if “a decision has been approved by the Secretary”).”

Nat'l Wildlife Fed'n v. Robert F. Burford, Mountain States Legal Found. (Two Cases), 835 F.2d 305 (D.C. Cir. 1987). · cites it 3× “43 C.F.R. § 4.410 (a) (1986). Mountain States argues that the district court erred in holding that because the regulations refer only to a “party to a case” as having the right to appeal, the Federation had no access to appellate review.”

Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 606 F.3d 1058 (9th Cir. 2010). · cites it 2× “How my colleagues can claim that this is not a "final, appealable decision" is a mystery.”

Theodore Roosevelt Conservation P'ship v. Salazar, 616 F.3d 497 (D.C. Cir. 2010). “Procedural Background In June 2007, Theodore Roosevelt Conservation Partnership (TRCP) and various other environmental groups filed appeals to the Interior Board of Land Appeals within the Department of the Interior, pursuant to 43 C.F.R. § 4.410 (a) (“Any party to a case who is…”

Chevron Oil Co. v. Cecil D. Andrus, Sec'y, Dep't of the Interior, 588 F.2d 1383 (5th Cir. 1979). · cites it 2× “43 C.F.R. § 4.410 (1977). 7 . Chevron contends that the reservation of supervisory power is unavailing.”

Griffin & Griffin Expl., LLC v. United States, 116 Fed. Cl. 163 (Fed. Cl. 2014). “Plaintiffs timely appealed BLM’s decision to the IB LA pursuant to 43 C.F.R. § 4.410 (a) and filed an unopposed petition for a stay of the decision pending the Board’s review.”

Nat'l Parks & Conservation Ass'n v. Bureau of Land Mgmt., 586 F.3d 735 (9th Cir. 2009). · cites it 2× “How my colleagues can claim that this is not a "final, appealable decision" is a mystery.”

Freeman v. United States Dep't of the Interior, 37 F. Supp. 3d 313 (D.D.C. 2014). “Either party may appeal the ALJ determination to the IBLA, see 43 C.F.R. § 4.410 (a), which serves as DOI’s “review authority charged with deciding, on behalf of the Secretary, matters relating to the use and disposition of public lands and their resources.”

Cloud Found., Inc. v. Salazar, 999 F. Supp. 2d 117 (D.D.C. 2013). “43 C.F.R. § 4.410 . 47 . 36 C.F.R. §§ 215.”

Aleknagik Natives Ltd. v. Andrus, 648 F.2d 496 (9th Cir. 1980). “Under IBLA’s regulations, 43 C.F.R. § 4.410 , any party who is adversely affected by a BLM decision does not have a right to appeal to IBLA where that decision has been approved by the Secretary.”

Reoforce, Inc. & Theodore Simonson v. United States, 119 Fed. Cl. 1 (Fed. Cl. 2013). “See 43 C.F.R. § 4.410 (2011). The Department of the Interior is the most eligible voice to pronounce upon the validity of mining claims, however judicial review is available in district court pursuant to the Administrative Procedure Act.”

New West Materials LLC v. Interior Bd. of Land Appeals, 398 F. Supp. 2d 438 (E.D. Va. 2005). “A party who is adversely affected by a decision of the BLM may generally appeal that decision to the IBLA under 43 C.F.R. 4.410, and is then entitled to formal procedures set forth in the regulations, which, as the record indicates, ensure an adequate opportunity to present…”

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— 43 C.F.R. § 4.410(a) — 1 case

Impact Energy Resources, LLC v. Salazar, 693 F.3d 1239 (10th Cir. 2012). “” 43 C.F.R. § 4.410 (a)(3) (withdrawing IBLA authority if “a decision has been approved by the Secretary”).”

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