JM 5-6.121
Occasionally, issues involving statutes within the Environmental Defense Section's purview may be injected into existing litigation by way of amendment or supplemental pleadings, etc. In such events, United States Attorneys should notify the Chief of the Environmental Defense Section so that the Section can properly perform its responsibilities.
On rare occasions, the fundamental character of existing litigation may change such that issues within the purview of the Environmental Defense Section become the dominant issues. In such situations, the Environmental Defense Section staff attorney with advisory responsibility for the case shall notify the Section Chief who may request a transfer of responsibility if he/she deems it appropriate. If such issues become dominant in a case where the United States Attorney has primary responsibility, he may make a written request to the Assistant Attorney General, Environment and Natural Resources Division, to have the case transferred to the Environmental Defense Section.
[Updated April 2018]