Whenever an action is initiated against an agency or official of the United States, the underlying factual material required for the preparation of responsive pleadings is forwarded from the headquarters of the concerned agency to the Assistant Attorney General, Environment and Natural Resources Division, by way of a litigation report. Except in unusual circumstances, agencies are required to forward a litigation report well in advance of the sixty (60) day deadline for responsive pleadings specified by Rule 12(a). If the United States Attorney has been given primary litigation responsibility, the Environmental Defense Section will request the client agency to forward a copy of the litigation report to the United States Attorney concurrently with its transmittal to the Assistant Attorney General.

There are, however, inherent delays in the customary procedure for transmitting litigation reports. Service of the complaint may be upon the agency headquarters in Washington, D.C., and it may be some time before the local agency field office is aware of the pendency of the action. To minimize potential delays, the United States Attorney should immediately advise local agency field offices and the Chief, Environmental Defense Section, of the filing or service of a complaint under one of the statutes listed in JM 5-6.130 in which they may be a party or otherwise have an interest. The agency field offices should be provided with copies of the complaint and related documents as soon as possible so that they can initiate the preparation of a litigation report.

[Updated April 2018]