When the Department of Justice receives a notification of a challenge to the constitutionality of a statute pursuant to 28 U.S.C. § 2403(a), Fed. R. Civ. P. 5.1, involving a challenge to the constitutionality of a statute that is within the scope of the authorities of the Environment and Natural Resources Division, that notification should be forwarded to the Law and Policy Section. The Chief of the Law and Policy Section will assign an attorney to review the notification and coordinate the process of determining whether the United States will intervene to defend the constitutionality of the statute. See also 28 C.F.R. § 0.21 (providing that the Solicitor General determines whether intervention is appropriate).

[updated May 2018]