Except for cases not requiring prior authorization as stated in JM 5-6.310, no case under the supervision of the Environmental Defense Section may be initiated by a United States Attorney without the prior authorization of the Assistant Attorney General, who shall approve the complaint prior to its being filed (see JM 5-1.302, ENRD Directive No. 2024-02). Additionally, United States Attorneys may not initiate direct referral cases arising under the statutes listed in JM 5-6.310 where relief sought is monetary damages or civil penalties in excess of the United States Attorneys' settlement authority.

No defensive matters may be handled by the United States Attorneys on direct referral.

In cases under the supervision of this Section not authorized for direct referral, in which the United States Attorney wishes to file an action in the name of the United States, a request for such authority shall be sent to the Assistant Attorney General, Environment and Natural Resources Division, attention Chief, Environmental Defense Section. Responsibility for handling such cases will be determined in accordance with the policies set forth in JM 5-1.322 through 5-1.325. See ENRD Directive No. 2024-02.

[Updated August 2024]