Because many of the environmental statutes specifically provide for criminal, civil, and administrative sanctions (see, e.g., 33 U.S.C. § 1319(a), (b), (c), and (d)), this is an area of the law in which parallel proceedings occur with frequency. Such proceedings may be appropriate, for example, when in the course of a civil case the government receives evidence of deliberate violations of the law meriting criminal prosecution or when a criminal investigation uncovers evidence of an on-going violation causing environmental contamination that should be stopped quickly through an injunctive action.

Although they may be appropriate in particular circumstances, parallel proceedings must be handled carefully in order to avoid allegations of improper release of grand jury material or abuse of civil process. Therefore, in any case under any of the statutes identified in JM 5-11.101 in which parallel proceedings arise, the United States Attorney's Office may find it useful to contact the Environmental Crimes Section for assistance in coordinating the parallel proceedings. See also JM Chapter 1-12.000; ENRD Directive No. 2016-12.

[updated May 2018]