5-8.001
Establishment
The Appellate Section was created on July 12, 1937, by memorandum of
that date signed by Assistant Attorney General Carl McFarland.
5-8.100
Area of ResponsibilityGenerally
The Appellate Section is responsible for all division cases on appeal
which were handled by the Environmental Crimes Section, the Environmental
Defense Section, the Environmental Enforcement Section, the General
Litigation Section, the Indian Resources Section, the Land Acquisition
Section and the Wildlife and Marine Resource Section in trial courts,
including criminal prosecutions under the various environmental control and
wildlife protection statutes. The responsibility for handling appeals of
Division cases handled by United States Attorneys is determined pursuant to
the provisions of USAM Title 2, Appeals.
5-8.200
Organization
The Appellate Section is composed of a Chief, a Deputy Chief, two
Assistant Chiefs, and those members of the professional, clerical, and
stenographic staff specifically assigned to it. Seven senior attorneys are
designated as counselors to, and reviewers of the work of the Section's
attorneys.
5-8.300
Supervision and Handling of Appellate CasesGenerally
Except as provided for in USAM 5-8.320
staff attorneys in the Appellate Section handle all cases within the area
of responsibility of that Section. The Chief of the Appellate Section is in
charge of the assignment of all cases. Generally, the function of assigning
cases is delegated to the Deputy Chief or an Assistant Chief. The
reviewing attorney is specified at the time the case is assigned. Both the
attorney assigned the case and the reviewing attorney are then responsible
for all aspects of the case. The primary attorney apprises the reviewing
attorney of all developments.
[cited in USAM 5-6.313;
USAM 5-6.313]
5-8.320
Handling of Appeals by Other than Staff
Attorneys
The assignment of cases on appeal to attorneys in the Offices of United
States Attorneys is determined pursuant to the provisions of USAM Title 2,
APPEALS. At the conclusion of trial court proceedings, the report to the
Division of the decision, either adverse or favorable to the government, in
a case handled by the United States Attorney should indicate his/her
preference, if any, for handling of the appeal; if the report does not
indicate a preference, the Division will handle the appeal. See USAM Title 2, Appeals, 2-2.111, 2-2.000, 2-3.220. Where a United States
Attorney handles the appeal, a section attorney and a reviewing attorney are
assigned for assistance and necessary department coordination purposes.
Because briefs must be coordinated with client agencies and interest ed
agencies prior to filing, a draft must be provided to the section and
reviewing attorneys at least ten days prior to filing.
In unusual circumstances, especially where time is of the essence (e.g.,
some applications for stays or injunctions pending appeal and for
interlocutory appeals), arrangements for handling should be made by
telephone with the Chief of the Appellate Section. See USAM Title 2, APPEALS.
[cited in USAM 5-5.161;
USAM 5-5.162;
USAM 5-8.300]
5-8.500
General Procedures in Appellate Litigation
Detailed instructions with respect to the handling of appeals are set
forth in Title 2 of this Manual.
5-8.600
Settlement and Dismissal of Cases on Appeal
Reference is made to the statement of the Division relative to
settlement and dismissal of cases, (USAM
5-1.302 and 5-5.210 et seq.) and
to the statements of the Division's trial litigation sections. See
USAM 5-6.600, 5-7.600, 5-9.600, 5-10.600, 5-11.115, 5-12.600, 5-14.310 and 5-15.600.
[cited in USAM 5-10.600;
USAM 5-12.600]
5-8.620
Authorization for United States Attorneys to
Handle
Settlement and Dismissal of Appeals
United States Attorneys are not authorized to settle or dismiss
Environment and Natural Resources Division cases on appeal, without
specific Division authority. A request for authorization to settle or
dismiss division cases on appeal must be directed to the Chief of the
Appellate Section, who transmits the request to the appropriate Division
Trial Litigation section for action, if the matter is within that section's
delegated authority. If the matter is beyond that section's delegated
authority, that section forwards the request, with its own recommendation,
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.
5-8.630
Settlements Requiring Approval of Solicitor
General
Special Attention is directed to 28 C.F.R. Sec. 0.163, Subpart Y, Chap.
I:
Sec. 0.163 Approval by Solicitor General of action on compromise
offers in certain cases.
In any Supreme Court case the acceptance, recommendation of acceptance,
or rejection, under Sec. 0.160 (Offers which may be accepted by Assistant
Attorney General), Sec. 0.161 (Recommendations to Attorney General of
acceptance of certain offers), is Sec. 0.162 (Offers which may be rejected
by Assistant Attorney General), of a compromise offer by the Assistant
Attorney General concerned, shall have the approval of the Solicitor
General. In any case in which the Solicitor General has authorized an
appeal to any other court, a compromise offer, or any other action, which
would terminate the appeal, shall be accepted or acted upon by the
Assistant Attorney General concerned only upon advice from the Solicitor
General that the principles of law involved do not require appellate review
in that case.
| | | | | | | | | | | | | | | | | | | | | | | | | | |