In civil enforcement actions under Sections 10 and 13 of the Rivers and Harbors Act and Sections 301 and 404 of the Clean Water Act seeking prohibitory or mandatory injunctive relief, complications may arise if the ownership of the property in question changes hands during the pendency of the action. Where there is a threat of transfer of ownership, the United States Attorney should consider filing a notice of the pendency of the action, or lis pendens. The steps necessary for the filing of such a notice are determined by the law of the particular state (see 28 U.S.C. § 1964).

On occasion, the final judgment in a civil enforcement action under these statutes, including a consent decree, may, in effect, place a permanent burden on the property which was subject to the unauthorized activities. In order to protect the future interests of the United States, the United States Attorney should consider recording the judgment in accordance with applicable law.

[Updated April 2018]