JM 5-7.300 – Processing and Handling Cases—Special Provisions

A. National Historic Preservation Act.The Department of Justice has agreed, pursuant to 16 U.S.C. § 470k, to notify the Advisory Council on Historic Preservation of all cases involving the National Historic Preservation Act, 16 U.S.C. § 470 , or regulations promulgated thereunder (36 C.F.R. Part 800). The Advisory Council will rarely be a party to the litigation, but the Council is charged, inter alia, with advising the President and Congress on matters relating to historic preservation and with reviewing federal, federally assisted, and federally licensed undertakings affecting cultural properties.
Many of these cases involve proposed alterations to, or demolition of, historic structures, and may originate as temporary restraining orders. It is especially important, therefore, that the Section receive early notice of these cases, so that it can then notify the Advisory Council. Accordingly, upon receipt of any complaint raising an issue under the National Historic Preservation Act, the United States Attorney's Office should contact the Section immediately at 202-305-0440, and the Section will notify the Council. In the event a request for a temporary restraining order is filed before the case is assigned to a Natural Resources Section attorney, the Chief of the Section should be notified.
B. Biotechnology Litigation.Litigation involving biotechnology and its environmental implications is handled in the Environment and Natural Resources Division. Within the Division, the cases—whether filed by complaints in the district courts or by petitions for review in the courts of appeals—are assigned to a team of attorneys from the Division, usually from Natural Resources Section (see JM 5-7.120), Environmental Defense Section (see JM 5-6.130), or the Wildlife and Marine Resources Section (see JM 5-10.120), as appropriate, depending on the statutes identified and claims raised. If such litigation is filed in your district, please contact the Chief of any of the above-stated sections who will contact the other appropriate sections.

[cited in JM 5-7.120; JM 5-10.120]

[Updated April 2018]

A. National Historic Preservation Act.The Department of Justice has agreed, pursuant to 16 U.S.C. § 470k, to notify the Advisory Council on Historic Preservation of all cases involving the National Historic Preservation Act, 16 U.S.C. § 470 , or regulations promulgated thereunder (36 C.F.R. Part 800). The Advisory Council will rarely be a party to the litigation, but the Council is charged, inter alia, with advising the President and Congress on matters relating to historic preservation and with reviewing federal, federally assisted, and federally licensed undertakings affecting cultural properties.
Many of these cases involve proposed alterations to, or demolition of, historic structures, and may originate as temporary restraining orders. It is especially important, therefore, that the Section receive early notice of these cases, so that it can then notify the Advisory Council. Accordingly, upon receipt of any complaint raising an issue under the National Historic Preservation Act, the United States Attorney's Office should contact the Section immediately at 202-305-0440, and the Section will notify the Council. In the event a request for a temporary restraining order is filed before the case is assigned to a Natural Resources Section attorney, the Chief of the Section should be notified.
B. Biotechnology Litigation.Litigation involving biotechnology and its environmental implications is handled in the Environment and Natural Resources Division. Within the Division, the cases—whether filed by complaints in the district courts or by petitions for review in the courts of appeals—are assigned to a team of attorneys from the Division, usually from Natural Resources Section (see JM 5-7.120), Environmental Defense Section (see JM 5-6.130), or the Wildlife and Marine Resources Section (see JM 5-10.120), as appropriate, depending on the statutes identified and claims raised. If such litigation is filed in your district, please contact the Chief of any of the above-stated sections who will contact the other appropriate sections.

[cited in JM 5-7.120; JM 5-10.120]

[Updated April 2018]

§ 5-7.300

Processing and Handling Cases—Special Provisions

§ 5-7.300

Processing and Handling Cases—Special Provisions