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determination on its validity, because the criteria of section 526(c) of the Act, 30 U.S.C. § <br />1276(c), are satisfied in this case. <br />33. The Court may grant temporary relief under section 526(c) ifthe following <br />criteria are met: <br />(1) all parties to the proceedings have been notified and given an <br />opportunity to be heard on a request for temporary relief; <br />(2) the person requesting such relief shows that there is a substantial <br />likelihood that he will prevail on the merits of the final determination <br />of the proceeding; and <br />(3) such relief will not adversely affect the public health or safety or <br />cause significant imminent environmental harm to land, air, or water <br />resources. <br />34. The Secretary concedes and the Board of Land Appeals found that the third <br />criterion is met. Regarding the first criterion, all parties to the proceedings are being <br />notified of the request for temporary relief by service of Summonses and the Complaint in <br />this case, and the remainder of that criterion will be met by the Court holding a hearing on <br />the request. <br />35. [n addition, Kerr and the DMG have a substantial likelihood of prevailing <br />on the merits of their challenge [o the NOV in Docket No. DV 94-12-R, because they <br />have raised issues of first impression "'so serious, substantial, difficult and doubtful, as to <br />make them fair ground for litigation and thus more deliberative investigation: " That is <br />the standard adopted by the Secretary through the Board of Land Appeals for evaluating <br />the "substantial likelihood of success" criterion. Powderhorn Coal Co. v. OSM, l29 <br />IBLA 22, 28 (1994) (OSM's Petition for Reconsideration pending). <br />I/M1R4/, l0/:.vNJ <br />