43 CFR 4.471 : Public Lands: Interior (§ 1.1 To Parts 10011-10099) — (§ 1.1 To Parts 432-999) — Office Of The Secretary Of The Interior (§ 1.1 To Parts 49-199) — Department Hearings And Appeals Procedures (§ 4.1 To § 4.1610) — Special Rules Applicable To Public Land Hearings And Appeals (Subjgrp 65 To § 4.480) — Grazing Procedures (Inside And Outside Grazing Districts) (§ 4.470 To § 4.480) — 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.