How to petition for a stay of a final BLM grazing decision.

§ 4.471 How to petition for a stay of a final BLM grazing decision. (a) An appellant under § 4.470 may petition for a stay of the final BLM grazing decision pending appeal by filing a petition for a stay together with the appeal under § 4.470 with the BLM field office that issued the decision. (b) Within 15 days after filing the appeal and petition for a stay, the appellant must serve copies on— (1) Any other person named in the decision from which the appeal is taken; and (2) The appropriate office of the Office of the Solicitor, in accordance with § 4.413(a) and (c). (c) A petition for a stay of a final BLM grazing decision pending appeal under paragraph (a) of this section must show sufficient justification based on the following standards: (1) The relative harm to the parties if the stay is granted or denied; (2) The likelihood of the appellant's success on the merits; (3) The likelihood of immediate and irreparable harm if the stay is not granted; and (4) Whether the public interest favors granting the stay. (d) The appellant requesting a stay bears the burden of proof to demonstrate that a stay should be granted. [68 FR 68770, Dec. 10, 2003]