Farrell-Cooper Mining v. DOI, No. 16-7061 (10th Cir. 2017)Annotate this Case
The Department of the Interior (“DOI”) adopted an administrative appeal requirement for agency actions under the Surface Mining Control and Reclamation Act (“SMCRA”). Following an initial decision by an administrative law judge (“ALJ”), DOI regulations required an adversely affected party to concurrently file an appeal and a petition for stay pending appeal with the Interior Board of Land Appeals (“IBLA”) to exhaust administrative remedies. However, an ALJ decision is not always rendered inoperative pending appeal: the IBLA retains discretion to grant or deny the stay. The issue this case presented for the Tenth Circuit's review was whether the IBLA’s denial of a stay rendered an ALJ’s decision final for purposes of judicial review, notwithstanding a pending IBLA appeal. The Tenth Circuit found that intra-agency review “is a prerequisite to judicial review only when expressly required by statute or when an agency rule requires appeal before review and the administrative action is made inoperative pending that review.” Because the ALJ’s decision in this case was not rendered inoperative pending appeal to the IBLA, it was final agency action.