In suits against federal agencies, or federal employees acting in their official capacity, United States Attorneys should evaluate whether there is a basis for a counterclaim (especially a compulsory counterclaim) or a separate suit on behalf of the defendant agency or other federal agency. Such action typically should be filed in the name of the United States and may be filed only with the prior approval of the Assistant Attorney General for the Environment and Natural Resources Division.

[Updated April 2018]