United States Attorneys are not authorized to settle or dismiss Environment and Natural Resources Division cases on appeal, without specific Division approval. A request for authorization to settle or dismiss division cases on appeal must be directed to the Chief of the Appellate Section. If the matter is beyond the delegated authority of the Chief of the Appellate Section, he/she will forward the request, with his/her own recommendation following consultation with the appropriate Division litigation section, to the Deputy Assistant Attorney General, who will act on the request or refer the matter to the Assistant Attorney General.

In a case where the Solicitor General has determined that no appeal will be prosecuted by the government and the appeal has not been docketed in the court of appeals, the Appellate Section requests the United States Attorney to dismiss the appeal in the district court. If the appeal has already been docketed in the court of appeals, the Appellate Section itself files a motion to dismiss the appeal in the court of appeals.

[Updated April 2018]