It has been so long since I looked at the history of the Thacker Pass case, that I have forgotten the procedure followed there. Maybe I'll research it before I leave for a month's travel on Tuesday. I thought the non-Native rancher plaintiff (Bartell) in that case went straight to federal court because an appeal doesn't necessarily mean a "stay" (halt in the action). But this flow chart from a 2013 Congressional Research Service report indicates that it has to go through an administrative appeal first. "IBLA" is the Interior Board of Land Appeals. There is a requirement that if a stay is requested, a separate petition must be filed for that.
It has been so long since I looked at the history of the Thacker...
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