Trial Attorney

Below is a description of each Section.

Appellate Section
The Appellate Section represents the federal government in federal and state appellate courts in cases arising under the more than 200 statutes for which the Division has litigation responsibility. The Section handles appeals in all cases handled by an ENRD Section in the trial courts. In addition, the Appellate Section has responsibility for certain petitions for review filed directly in the courts of appeals that seek review of decisions of agencies such as the Department of the Interior, the Department of Energy, the Federal Aviation Administration, the Nuclear Regulatory Commission, and the Surface Transportation Board. The Appellate Section works closely with the Office of the Solicitor General in determining whether to appeal adverse district court decisions, to seek further review of adverse court of appeals decisions, and to participate as amicus curiae in appellate courts and the Supreme Court. The Section provides the Office of the Solicitor General with initial drafts of briefs filed in the Supreme Court in Division cases handled by the Appellate Section.

Environmental Defense Section
The Environmental Defense Section (EDS) offers one of ENRD's and the Department's most varied dockets. It is one of the only DOJ components whose attorneys routinely handle cases in the federal courts of appeals and district courts. EDS defends petitions for review brought in the courts of appeals pursuant to special statutory judicial review provisions of the environmental statutes, as well as claims for judicial review brought in district courts pursuant to the Administrative Procedure Act. The substance of these cases ranges, for example, from high-profile, multi-party challenges to national EPA rules (such as major Clean Air Act and Clean Water Act rules) to more targeted challenges to site-specific agency decisions. EDS also handles complex claims of liability against federal agencies under pollution control laws, such as for costs of response actions at Superfund sites, federally owned facilities, and private sites. The Section also brings certain Clean Water Act and Rivers and Harbors Act civil enforcement actions in district courts. In addition to EPA, EDS routinely represents the Department of War (and its component military branches) and the Department of Energy.

Land Acquisition Section
The Land Acquisition Section (LAS) represents virtually every federal agency, in federal district court across the United States and its territories, tackling novel and complex civil litigation arising under the Fifth Amendment to the United States Constitution. LAS litigates condemnation cases to acquire real property for the United States for public uses including taking land into trust for tribes, expanding military installations, rebuilding federal courthouses, establishing national monuments, and constructing border and immigration security infrastructure and land ports of entry. The Section's work is designed to ensure the protection of the Fifth Amendment so that the amount of compensation for condemned property is fair to both property owners and taxpayers. LAS also is responsible for ensuring the sufficiency of title for all real property that federal agencies acquire by direct purchase.

Natural Resources Section 
The Natural Resources Section (NRS) frequently offers its attorneys meaningful court experience in federal and state court in novel and complex civil litigation. The NRS docket is extremely broad, covering more than 80 natural resource, environmental, and cultural resource statutes, as well as cases brought pursuant to the Just Compensation Clause of the Fifth Amendment to the U.S. Constitution. The section's cases range from stewardship of our national parks and wildlife refuges in federal district court to Fifth Amendment takings litigation in the Court of Federal Claims to original actions in the U.S. Supreme Court to resolve boundary and water allocation disputes in the western United States. On a day-to-day basis, our attorneys address case management issues, negotiate with opposing counsel, write motions and briefs, handle discovery, take and defend depositions, and appear in court for oral arguments and trials.

Wildlife and Marine Resources Section
The Wildlife and Marine Resources Section is responsible for civil cases filed in federal courts arising under the nation's wildlife laws, including the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, the Migratory Bird Treaty Act, and the Marine Mammal Protection Act. Section attorneys primarily handle complex civil defensive litigation involving challenges to agency decisions over energy production, public lands management, and national defense. They also enforce the Animal Welfare Act and pursue civil forfeitures, including through emergency proceedings. The Section's docket is varied and fast paced, often addressing matters of national significance.