5-9.001
Establishment
The Policy, Legislation, and Special Litigation Section was created on
March 16, 1979, by Environment and Natural Resources Division Directive No.
4-79.
5-9.100
Area of Responsibility
The Policy, Legislation, and Special Litigation Section performs policy
planning for the Division including review of existing policy and programs,
analysis and initiation of new policy, revision of management systems and
integration of policy changes in budget submissions. This Section also
drafts proposed legislation, reviews and reports on bills of interest to the
Division, and develops litigation programs designed to meet new nonroutine
problems. Most of the special litigation is developed when a client agency
presents a legal problem of a unique nature that has not been previously
dealt with in the routine program of the Division. In this regard, Policy,
Legislation, and Special Litigation is also responsible for the filing of
amicus curiae briefs in cases involving issues which affect the
Environment and Natural Resources Division's areas of responsibility, unless
those cases are specifically assigned to the Appellate Section. The
Policy, Legislation, and Special Litigation Section also tracks
citizen enforcement actions under the Clean Water Act and Clean Air Act,
reviews proposed consent judgments in such actions, handles the Division's
FOIA requests and congressional correspondence, and advises the Division on
ethics matters.
[cited in
ENRD Resource Manual 2]
5-9.120
Statutes Administered
The Policy, Legislation, and Special Litigation Section is not limited
to a specific area of statutory responsibility. Rather, the Section
supervises and conducts litigation arising under numerous federal statutes,
as well as under treaties and agreements with Indians, Executive Orders,
regulations of the various departments and agencies, the common law, and the
laws of the various States. The Policy, Legislation and Special Litigation
Section has sole responsibility for litigating cases arising under the
Aviation Safety and Noise Abatement Act of 1979, 49 U.S.C. App. § 2101.
In addition, the Section is responsible for administering and/or conducting
congressionally mandated studies and reports, such as those required by
section 301(e) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, 42 U.S.C. § 9601 et seq., the Uranium
Mill Tailings Radiation Control Act 1978, 42 U.S.C. §§ 2021 and
1901 et seq., and the Asbestos School Hazard Detection and Control
Act of 1980, 20 U.S.C. § 3601 et seq.
5-9.200
Organization
The Section is administered by a Chief and an Assistant Chief. The work
of the Section is assigned among staff attorneys according to experience
and workload.
5-9.300
Supervision and Handling of the Policy,
Legislation, and Special Litigation Section CasesRequests for
Instructions
All requests for instructions and guidance relating to the prosecution
or defense of actions under the jurisdiction of the Policy, Legislation, and
Special Litigation Section shall be referred to the Chief of the Policy,
Legislation, and Special Litigation Section of the Environment and Natural
Resources Division of the Department of Justice, Washington, D.C. 20530
(202-514-1442).
5-9.320
Actions Not Subject to Direct Referral to
United
States Attorneys
Responsibility for handling of cases under the supervision of the
Policy, Legislation, and Special Litigation Section is assigned by the Chief
of the Section under the provisions of USAM
5-1.322 through 5-1.326.
5-9.321
Prior Authorization Needed to Initiate Action
No case under the supervision of the Policy, Legislation, and Special
Litigation Section may be initiated by a United States Attorney without the
prior authorization of the Assistant Attorney General, who shall sign the
complaint prior to its being filed. See USAM 5-1.302.
5-9.500
General Procedures in District Court
Litigation
The general instructions set forth in USAM
5-5.100 et seq., with respect to handling of litigation apply in
every respect to the litigation of the Policy, Legislation, and Special
Litigation Section.
5-9.600
Settlement and Dismissal of Cases
No claim or case under the jurisdiction of the Policy, Legislation, and
Special Litigation Section may be settled or dismissed without specific or
delegated authority from the Attorney General. See USAM 5-5.210 et seq.
[cited in USAM 5-8.600]
5-9.620
Transmittal of Compromise Offer to Policy
Legislation, and Special Litigation Section; Recommendations With Respect
to
Where compromise in a case other than a direct referral case is offered
to a United States Attorney, he shall require the offeror to reduce the
proposal to writing and to submit with it a cashier's or certified check,
bank draft, or money order for the amount offered, drawn or endorsed
unconditionally to the order of the Treasurer of the United States. Where a
large sum is involved, a token deposit is acceptable. The United States
Attorney then shall forward to the Department the written offer, this
recommendation and the reasons therefor, and a statement of the debtor's
financial status.
The recommendation should be guided by the
principles that compromise offers cannot be accepted unless (a) there is
doubt as to whether judgment can be secured for an amount larger than that
offered in compromise, (b) there is doubt as to whether an amount larger
than that offer can be collected, although a judgment has been or can be
secured, or (c) the probable cost of collection exceeds the difference
between the amount recoverable and the amount offered.
The financial statement need not be forwarded where the offer is
recommended for acceptance solely because there is doubt as to whether
judgment can be secured for an amount larger than that offered or because
the probable cost of collection exceeds the difference between the amount
offered and the amount recoverable.
5-9.630
Authority of United States Attorneys to Settle
or
Dismiss Direct Referral Cases
The authority of United States Attorneys to settle or dismiss direct
referral cases under the supervision of the Policy, Legislation, and Special
Litigation Section is set forth in USAM
5-5.230.
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