Regulations last checked for updates: May 19, 2024

Title 43 - Public Lands: Interior last revised: May 13, 2024
§ 4.1355 - Burden of proof.

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.

[67 FR 61511, Oct. 1, 2002]
source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.
cite as: 43 CFR 4.1355