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(2) the applicant shows that there is substantial <br />likelihood that the findings of the Secretary <br />will be favorable to him; and <br />(3) such relief will not adversely affect the <br />health or safety of the public or cause <br />significant, imminent environmental harm to <br />land, air, or water resources. <br />(Emphasis added.) See also 43 C.F.R. § 4.1263. <br />As is clear from the introductory language above, section <br />525(c) confers on the Secretary power to grant temporary relief <br />from an enforcement notice or order. The decision to grant <br />temporary relief is discretionary with the Secretary, but only <br />after the prerequisites for such relief at paragraphs (1) through <br />(3) of section 525(c) have been met. B & J Excavating Co. v. <br />OSM, 89 IBLA 129, 134 (1985). Where temporary relief is not <br />granted, a permittee is required to comply with a notice or order <br />even while he is challenging its validity. SMCRA § 525(a)(1); <br />see a15o 43 C.F.R. § 4.1116. <br />As indicated above, one of the absolute prerequisites for <br />temporary relief under section 525(c) is that "the applicant <br />shows that there is substantial likelihood that the findings of <br />the Secretary will be favorable to him." SMCRA § 525(c)(2). The <br />Board recently interpreted that phrase: <br />Where the balance of hardship to the parties from not <br />granting temporary relief tips decidedly in favor of <br />the applicant, we find that in order to justify tem- <br />porary relief it is not necessary that the applicant's <br />right to prevail on the merits on the controversy be <br />free from doubt where he "has raised questions going to <br />the merits so serious, substantial, difficult and <br />doubtful, as to make them a fair ground for litigation <br />and thus for more deliberative investigation." <br />[Citations omitted.] <br />8 <br />., <br />