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5-2.000 - Actions for Which Prior ENRD Authorization Is Needed

The following actions generally described below cannot be taken by United States Attorneys without prior authorization from the Division in accordance with the referenced USAM provision. This table is provided as a matter of convenience for United States Attorneys. United States Attorneys should consult the referenced USAM provision for further details and all applicable requirements.

USAM SECTION ACTION REQUIRING APPROVAL
5-1.302 Filing complaints, consent decrees and other agreements for entry of judgment or dismissal in all non-direct referral civil cases where the United States is a plaintiff.
5-5.112 Entering into a stipulation concluding the substantive rights of the United States or consent to entry of judgment is required in all non-direct referral matters and in direct referral matters involving enforcement of wildlife-related statutes listed in USAM 5-10.120.
5-5.125 Filing a separate action in suits against federal agencies, or federal employees acting in their official capacity, if a basis for a counterclaim exists.
5-5.210 Compromising, closing, or dismissing certain claims or cases under the supervision of ENRD for which authority is not otherwise expressly granted to United States Attorneys.
5-5.230 Compromising, closing, or dismissing cases identified in Part II.D of ENRD Directive No. 2016-04.
5-6.112 Initiating certain actions under the Clean Water Act and the Rivers and Harbors Act under the supervision of the Environmental Defense Section.
5-6.321 Initiating certain cases under the supervision of the Environmental Defense Section.
5-7.321 Initiating certain cases under the supervision of the Natural Resources Section.
5-7.600 Settling, compromising or dismissing any non-direct referral claim or case under the supervision of the Natural Resources Section.

5-8.620;5-8.630

Settling or dismissing ENRD cases on appeal.
5-9.321 Initiating certain cases under the supervision of the Law and Policy Section.
5-10.321 Initiating or defending certain cases under the supervision of the Wildlife and Marine Resource Section.
5-11.119 Table summarizing numerous approval and notification requirements for cases under the supervision of the Environmental Crimes Section.
5-12.111; 5-12.121; 5-12.320 In cases under the supervision of the Environmental Enforcement Section, filing or amending a complaint or counterclaim; filing a claim or otherwise initiating process or filing a counterclaim in a bankruptcy or probate matter; raising issues involving statutes administered by the EPA or other Federal agencies; compromising, closing or dismissing a case or claim; or modifying or enforcing a consent decree or judgment.
5-14.310 Initiating, settling or dismissing certain cases under the supervision of the Indian Resources Section.

5-15.300-5-15.322

Initiating a land condemnation case under the supervision of the Land Acquisition Section.
5-15.321; 5-15.600; 5-15.631; 5-15.640 Settling or dismissing certain cases under the supervision of the Land Acquisition Section.
5-15.526 Applying for a citation in contempt under Fed. R. Civ. P. 70 in certain cases under the supervision of the Land Acquisition Section.
5-15.543 Altering pleadings to modify or change the estate being condemned or the description of the property.
5-15.544 Excluding property acquired by declaration of taking or entering into stipulations to exclude property of high value.
5-15.550 Waiving a jury trial in cases in the major-tract program.
5-15.650 Dismissing condemnation cases as to any of the land included in the instructions to condemn, or changing the interest or estate to be acquired.
[Updated May 2018]
Updated May 21, 2018