Pursuant to ENRD Directive No. 2024-02, the Assistant Attorney General, Environment and Natural Resources Division, has delegated to the United States Attorneys the authority to act, without prior authorization from the Environment and Natural Resources Division, on behalf of the Secretary of the Army, acting through the Corps of Engineers, in response to a direct request in writing from an authorized field officer of the Corps of Engineers, certain civil enforcement actions under the Clean Water Act and Rivers and Harbors Act under the supervision of the Environmental Defense Section. Such direct referral cases are subject to the general directives, limitations and procedures specified in ENRD Directive No. 2024-02.

This authority is, however, revocable on a case-by-case basis where, in the opinion of the Assistant Attorney General, new or unusual issues of law or policy, or issues of national significance, are involved, including issues related to jurisdiction. Generally speaking, direct referral cases are of a routine nature and involve statutory provisions whose interpretation is well-settled.

[cited in JM 5-6.313; JM 5-6.321]

[Updated August 2024]