JM 5-12.320 – Direct Referral Civil Cases Not Requiring Prior Approval by the Assistant Attorney General

A. As specified in ENRD Directive No. 2024-02, the following groups of cases arising under the statutes identified in JM 5-12.100 may be handled by the United States Attorneys as direct referrals, i.e., as not requiring specific authorization by the Assistant Attorney General of the Environment and Natural Resources Division:
1. 1. Claims referred by the United States Coast Guard, in response to a written request from an authorized field officer, seeking the collection of federal clean-up costs and/or imposition of civil penalties under section 311 of the Clean Water Act (CWA), 33 U.S.C. § 1321; or seeking the collection of federal clean-up costs and/or imposition of civil penalties under sections 1002 and 1017 of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2702 and 2717.
2. 2. Miscellaneous proceedings, such as warrant requests, undertaken to assist agencies seeking investigative entry under section 308 of the CWA, 33 U.S.C. § 1318; sections 114 or 206 of the Clean Air Act (CAA), 42 U.S.C. §§ 7414, 7525; sections 3007 or 3013 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6927, 6934; section 11 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2610; or section 9 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136g; but not the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601.
3. 3. Claims under any statute listed in JM 15-12.100 for collection of civil penalties previously assessed by the referring agency in an administrative proceeding where the amount of the penalty does not exceed $2 million.

All other enforcement cases arising under the statutes identified in JM 5-12.100 require the approval of the Assistant Attorney General or, in accordance with applicable ENRD Directives, the Chief of the Environmental Enforcement Section before they can be filed.

B. The Assistant Attorney General and his/her designee retain the authority to direct that any case within the responsibility of the Environment and Natural Resources Division shall be handled in whole or in part by Division attorneys.

[updated August 2024]

A. As specified in ENRD Directive No. 2024-02, the following groups of cases arising under the statutes identified in JM 5-12.100 may be handled by the United States Attorneys as direct referrals, i.e., as not requiring specific authorization by the Assistant Attorney General of the Environment and Natural Resources Division:
1. 1. Claims referred by the United States Coast Guard, in response to a written request from an authorized field officer, seeking the collection of federal clean-up costs and/or imposition of civil penalties under section 311 of the Clean Water Act (CWA), 33 U.S.C. § 1321; or seeking the collection of federal clean-up costs and/or imposition of civil penalties under sections 1002 and 1017 of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. §§ 2702 and 2717.
2. 2. Miscellaneous proceedings, such as warrant requests, undertaken to assist agencies seeking investigative entry under section 308 of the CWA, 33 U.S.C. § 1318; sections 114 or 206 of the Clean Air Act (CAA), 42 U.S.C. §§ 7414, 7525; sections 3007 or 3013 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6927, 6934; section 11 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2610; or section 9 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. § 136g; but not the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601.
3. 3. Claims under any statute listed in JM 15-12.100 for collection of civil penalties previously assessed by the referring agency in an administrative proceeding where the amount of the penalty does not exceed $2 million.

B. The Assistant Attorney General and his/her designee retain the authority to direct that any case within the responsibility of the Environment and Natural Resources Division shall be handled in whole or in part by Division attorneys.

[updated August 2024]

§ 5-12.320

Direct Referral Civil Cases Not Requiring Prior Approval by the Assistant Attorney General

§ 5-12.320

Direct Referral Civil Cases Not Requiring Prior Approval by the Assistant Attorney General