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The injury of having to make such a decision would be immediate and irreparable . As there was no additional information either party wished to present which specifically addressed the issue of untimely filing , I informed the parties that the record remained closed as of December 15 , 2004 , and that my decision would be forthcoming . If the decision would be contrary to a Constitutional Act , the Minister shall be obliged to refuse to countersign it . Where a Bureau decision would leave such locational alternatives open , the Bureau shall take into account only those potential effects to [ plant and wildlife ] resources on non-BLM lands that are reasonably attributable to the Bureau decision . Indeed , if the lower court held otherwise , virtually every Authority representation case decision would be subject to judicial review .