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OSM will address each factor in order. <br />Harm: In this case, little harm will occur to either party <br />if a stay is granted. As noted previously, the Appellants have <br />already been compensated for the damage to their home. On the <br />other hand, if the stay is not granted, OSM believes that <br />unfortunate legal precedent will be created that cannot easily be <br />reversed. <br />Success on the Merits:. OSM believes that its arguments in <br />this Petition are significant and persuasive. OSM is optimistic <br />that the Board will amend its decision based on the arguments <br />presented in this Petition. <br />Irreparable Harm: As stated above, since the Appellants <br />have been compensated for the damage to their home, there is <br />little chance that either party will be irreparably harmed if the <br />stay is granted. <br />Public Interest: OSM respectfully suggests that the public <br />interest favors the granting of a stay. The second issue is of <br />particular importance as the public have an interest in the <br />certainty and finality of the record upon which the Board will <br />review OSM's decisions. <br />III. CONCLUSION <br />Eor the foregoing reasons, OSM respectfully requests that <br />the Board reconsider its decision in IBLA 96-91 and affirm the <br />decision of OSM Regional Director Richard Seibel. In addition, <br />OSM respectfully requests that the Board stay its order to OSM to <br />take "appropriate action." pending a decision on this petition. <br />Respectfully submitted, <br />U.S...Department of the Interior <br />Office of the Regional Solicitor <br />755 Parfet St., Suite 151 <br />Lakewood, CO 80215 <br />(303) 231-5358, extension 223 <br />(303) 231-5363 (fax) <br />8 <br />