The Environmental Enforcement Section is responsible for conducting civil enforcement litigation arising under the following statutes:

1. A. Federal Water Pollution Control Act or Clean Water Act, 33 U.S.C. § 1251 except for cases concerning dredged or fill material under 33 U.S.C. §§ 1311(a), 1344 that are supervised by the Environmental Defense Section;
2. B. The Oil Pollution Control Act of 1990, 33 U.S.C. § 2701;
3. C. Clean Air Act, 42 U.S.C. § 7401;
4. D. Resource Conservation and Recovery Act, 42 U.S.C. § 6901 (also known as the Solid Waste Disposal Act);
5. E. Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), 42 U.S.C. § 9601;
6. F. Safe Drinking Water Act, 42 U.S.C. § 300f;
7. G. Toxic Substances Control Act, 15 U.S.C. § 2601;
8. H. Residential Lead-Based Paint Hazard Reduction Act, 42 U.S.C. § 4852d;
9. I. Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. § 136;
10. J. Rivers and Harbors Act, 33 U.S.C. §§ 403, 407;
11. K. Marine Protection Research and Sanctuaries Act, 33 U.S.C. § 1401;
12. L. Noise Control Act, 42 U.S.C. § 4901;
13. M. The Atomic Energy Act of 1954, 42 U.S.C. § 2011, insofar as it relates to the civil enforcement of violations committed by a company in matters involving the licensing and operation of nuclear power plants and affecting the environment;
14. N. Powerplant and Industrial Fuel Use Act of 1978, 42 U.S.C.§ 8301; and Title I of the Public Utility Regulatory Policies Act of 1978, 16 U.S.C. § 2601;
15. O. Uranium Mill Tailings Radiation Control Act, 42 U.S.C. § 7901;
16. P. Section 2 of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. § 791;
17. Q. The Deepwater Port Act of 1974, 33 U.S.C. § 1501, insofar as the violation involves a provision of the Act or the rules and regulations promulgated pursuant thereto that are designed to prevent environmental pollution;
18. R. The Outer Continental Shelf Lands Act of August 7, 1953, 43 U.S.C. § 1350, where the violation is of a rule or regulation that is designed to prevent environmental pollution;
19. S. National Marine Sanctuaries Act, 16 U.S.C. § 1431;
20. T. National Park System Unit Resource Protection provisions of P.L. 113-287, 54 U.S.C. § 100721
21. U. Emergency Planning and Community Right to Know Act, 42 U.S.C. § 1101; and
22. V. Pipeline Safety Act, 49 U.S.C. § 60101

EES also brings cases pursuant to the Federal Debt Collection Procedures Act, the Federal Priority Statute, state law, and other authorities as appropriate. Where EES seeks to proceed in rem against a vessel under a specific statutory provision or under the Admiralty Rules, EES will coordinate with the Torts Branch (Aviation & Admiralty Section) of the Civil Division.

[cited in JM 5-1.310; JM 5-12.110; JM 5-12.111; JM 5-12.120; JM 5-12.302; JM 5-12.320; JM 5-12.522; JM 5-12.523; JM 5-12.600]

[updated May 2018]