Occasionally, an action directed against an agency or official of the United States will involve a motion for temporary restraining order or preliminary injunction or otherwise require that action be taken on behalf of the United States well before any responsive pleadings are due. In such cases the United States Attorney should immediately notify the Chief of the Environmental Defense Section (telephone (202) 514-2219). If memoranda, affidavits or other responses must be filed prior to the agency's preparation of a litigation report, the United States Attorney should clear all legal and factual positions with the Environmental Defense Section prior to advancing them formally on behalf of the United States. It is the responsibility of the Environmental Defense Section to coordinate such positions with the agency headquarters in Washington, D.C.

[Updated April 2018]