Protesting Project Approvals or APDs

Protests against decisions to approve specific oil and gas projects, or individual APDs, must be filed with the state director within 20 business days of the notice of the decision.56 These are called Requests for State Director Review. The state director must respond within 10 business days. Always ask for a suspension of activity on the well site in the interim. If the state director refuses to grant a stay or fails to make a decision on the protest within the required time, you may be able to appeal the APD decision directly to the Interior Board of Land Appeals. An important consideration is that the Request for State Director Review must include all supporting documents and all factual and legal arguments.