The primary responsibility for detecting and investigating suspected violations of statutes identified in JM 5-12.100 rests with the federal agencies which are charged by statute with administering those acts. After investigating reports of suspected violations, the respective agencies generally evaluate them internally under their own procedures to determine which matters merit referral to the Department of Justice for judicial enforcement action. Generally, whether it goes directly to the United States Attorney or to the Environment and Natural Resources Division, a referral will be accompanied by a litigation report describing the alleged violation and the evidence available to the agency to support an enforcement action.

While primary responsibility for investigating violations of an environmental enforcement statute may reside with the agency administering the act, this does not mean that other agencies, including United States Attorneys' offices, should not have a role in this phase of enforcement. Some United States Attorneys' offices have employed legal technicians, whose duties include assisting the Environmental Protection Agency, the Coast Guard or other agencies in investigating activities proscribed by environmental statutes and preparing cases for litigation.

Because of a United States Attorney’s function as representative of the various federal agencies in legal matters, the United States Attorney is in a position to coordinate the investigative efforts of those agencies into violations of environmental statutes. Such coordination can result in more thorough and efficient case development with fewer resources devoted to duplicative efforts. The United States Attorneys, therefore, are encouraged to establish contact with the investigative agencies which operate within their districts, to render to them useful advice regarding sound case development, and to take a lead in creating a cooperative federal effort. The Environmental Enforcement Section is prepared to assist the United States Attorneys in establishing contact with personnel of the federal agencies who operate within the various districts.

[updated May 2018]