---
kind: "section"
citation: "43 C.F.R. § 4.171"
title: "43"
number: "4.171"
heading: "Petitions for stay."
url: "https://uscodex.org/cfr/43/4.171"
---

# §4.171. Petitions for stay.

- (a) **Standards and procedures for obtaining a stay.** An appellant under [§ 4.170](/cfr/43/4.170.md) may petition for a stay of a BLM grazing decision by filing the petition for a stay with DCHD concurrently with the notice of appeal. Filings must be made in accordance with §§ [4.102](/cfr/43/4.102.md) and [4.103](/cfr/43/4.103.md). Except as otherwise provided by statute or other pertinent regulation, the following requirements apply:
  - (1) **Stay criteria.** The appellant must demonstrate that issuance of a stay is warranted based on the following four criteria:
    - (i) **Immediate and irreparable harm.** The likelihood of immediate and irreparable harm if the stay is not granted;
    - (ii) **Balance of harms.** Whether the harm to the appellant absent a stay exceeds the harm to the United States or other parties from a stay being granted;
    - (iii) **Likelihood of success.** The likelihood of the appellant's success on the merits; and
    - (iv) **Public interest.** Whether the public interest favors granting the stay.
  - (2) **Burden of proof.** The person or entity seeking a stay bears the burden of demonstrating that a stay should be granted, in whole or in part, under all four criteria set forth in [paragraph (a)(1)](#a-1) of this section.
  - (3) **Service.** The petition for a stay, along with the notice of appeal, must be served in accordance with [§ 4.102](/cfr/43/4.102.md), the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information on the following:
    - (i) Each person or entity named in the BLM grazing decision;
    - (ii) The appropriate official of the Office of the Solicitor; and
    - (iii) **The BLM office that issued the decision.**
- (b) **Response to petition for a stay.** If a petition for a stay has been filed, then:
  - (1) Any BLM response to the petition for a stay must be filed, along with any other documents that BLM wishes the ALJ to consider when adjudicating the petition for a stay, no later than 14 days after receiving a copy of the notice of appeal and petition for a stay. BLM must also serve a copy of its response on all other parties to the appeal in accordance with [§ 4.102](/cfr/43/4.102.md), the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information.
  - (2) Any other person or entity who wishes to respond to the petition for a stay may file a motion to intervene in the appeal under [§ 4.108](/cfr/43/4.108.md), together with a response to the petition for a stay, no later than 14 days after being served with a copy of the notice of appeal and petition for a stay. A copy of the motion to intervene and response must be served on all other parties to the appeal in accordance with [§ 4.102](/cfr/43/4.102.md), the OHA Standing Orders on Electronic Transmission, and the OHA Standing Orders on Contact Information on the following:
    - (i) Each party to the proceeding;
    - (ii) The appropriate official of the Office of the Solicitor; and
    - (iii) **The BLM office that issued the decision.**
  - (3) The failure to file a response will not be construed as an admission that the petition for a stay should be granted.
- (c) **Replies.** No replies or further briefing related to the petition for a stay will be accepted unless authorized by the ALJ.
- (d) **Effect of consent or lack of opposition.** The ALJ may summarily grant a petition for a stay, in whole or in part, without considering the criteria in [paragraph (a)(1)](#a-1) if all parties to the appeal consent to the stay or file responses to the petition affirmatively stating no opposition to the stay.
- (e) **Deadline for ruling.** The ALJ will grant or deny a petition for a stay, in whole or in part, within 45 days of the expiration of the time for filing a notice of appeal.

## Notes

### Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]

### Source

Source: 90 FR 2395, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.

### Amendments

[90 FR 2395, Jan. 10, 2025, as amended at 91 FR 29919, May 21, 2026]