43 CFR 4.1355

§ 4.1355 Burden of proof.

United States · 43 CFR — Public Lands: Interior · Status: effective

Cite this

Citation: 43 CFR 4.1355, § 4.1355 Burden of proof, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/209158
Permanent ID: ys:prov:209158@1
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Full text

OSM shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the existence of a demonstrated pattern of willful violations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.