Except as authorized by and in accordance with ENRD Directive No. 2024-02 (with respect to directly referred or delegated cases under the Rivers and Harbors Act and section 404 of the Clean Water Act, see section II.D.2, and certain CERCLA contribution actions, see section II.D.4), United States Attorneys are not authorized to settle or dismiss any case arising under any of the statutes listed in JM 5-6.130. Any offer to settle or dismiss any such suit must be directed to the Chief of the Environmental Defense Section, who will take final action, or if the matter is not within the scope of his/her delegated authority, will forward the offer, with his/her own recommendation, to the Deputy Assistant Attorney General, who, in turn, will either act upon the offer, or, if necessary, refer the matter to the Assistant Attorney General. Offers to settle or compromise in direct referral cases, when transmitted to the Environmental Defense Section, should be accompanied by the recommendation of the referring client agency.

Consent judgments in certain actions, after being approved by the Assistant Attorney General, may be required to be lodged with the court and made available for public comment prior to their entry pursuant to statute, Department regulation (see 28 C.F.R. § 50.7) or Division policy. See also JM 5-12.620 (Environmental Enforcement Section Public Notice Policy). United States Attorneys should coordinate with the Environmental Defense Section if such requirements apply by contacting either the staff attorney assigned to the case or the relevant Assistant Chief of the Section.

[cited in JM 5-8.600]

[Updated August 2024]