Tuesday, October 26, 2010

Appeal Begins at Pg. 2

An appeal from a decision of the BLM pursuant to a Resource Management Plan (RMP) must be taken within 30 days of the FINAL decision. (Record of Decision or ROD)

The original must be sent to:

U.S. Department of the Interior
Office of Hearing & Appeals
801 N. Quincey St, MS-300-QC
Arlington, Va. 22203
Phone (703) 235 - 3750
Fax: (703) 235 - 83 49

a copy to the BLM Regional Office

(whos decision your are appealing)

and a copy to:

The Regional Solicitor's Office

Pacific Southwest Region
U.S. Dept of the Interior
2800 Cottage Way, E-1712
Sacramento, Calif 95825

*Check to make sure this is the correct Regional Solicitor for your area- you can call the IBLA and they will let you know the proper one. Their number is listed above.

*Also, you can fax these documents in but be sure and indicate clearly that you are sending a hard copy too.

* Also please note that you can click on these documents to enlarge, and click again to make them even larger

The Appeal

The format I have used is to outline the reasons you believe the decision is in error or wrong,by using the "heading" and/or "sub-heading" method(s) as seen in the document below.

The appeal should be based on matters of law such as (1) the RMP was not issued in compliance with law, (2) the RMP did not discuss a wide range of alternatives (3) the land studies used in the RMP are not based on reliable info, (4) the RMP did not take into consideration any other use of the land that may be contributing to rangeland dedgradation,...etc.etc.

You should use this format for your LEGAL challenges to the decision, but can "slip" your PROPOSAL in at the end as a suggestion for alternative action.

Appeal Pg. 3

Appeal Pg. 4

Petition for a Stay Pg. 5

A Petition for a Stay of Action is seperate from an appeal, and is optional but if you decide to petition for a stay (pending the outcome of the appeal) it can be submitted at the same time as the appeal, just make sure to mark it seperately as you see below. Also take note that there are only FOUR grounds on which a stay can be granted, (as outlined below) so try to focus your arguments around those;

Petition for a Stay Pg. 6

BLM Response Pg. 7

BLM Response Pg. 8

BLM Response Pg. 9

BLM Response Pg. 10

BLM Response Pg. 11

BLM Response Pg. 12

BLM Response Pg. 13

BLM Response Pg. 14

BLM Response Pg. 15

BLM Response Pg. 16

BLM Response Pg. 17

IBLA Decision Pg. 18

IBLA Decision Pg. 19

IBLA Decision Pg. 20

IBLA Decision Pg. 21

IBLA Decision Pg. 22

IBLA Decision Pg. 23