5-9.000
THE POLICY,
LEGISLATION,
AND
SPECIAL LITIGATION SECTION
5-9.001 Establishment
5-9.100 Area of Responsibility
5-9.120 Statutes Administered
5-9.200 Organization
5-9.300 Supervision and Handling of the Policy,
Legislation, and Special Litigation Section Cases -- Requests for Instructions
5-9.320 Actions Not Subject to Direct Referral
to United States Attorneys
5-9.321 Prior Authorization Needed to Initiate
Action
5-9.500 General Procedures in District Court
Litigation
5-9.600 Settlement and Dismissal of Cases
5-9.620 Transmittal of Compromise Offer to
Policy Legislation, and Special Litigation Section; Recommendations With Respect
to
5-9.630 Authority of United States Attorneys to
Settle or Dismiss Direct Referral Cases
The Policy, Legislation, and Special Litigation Section was created on
March 16, 1979, by Environment and Natural Resources Division Directive No. 4-79.
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.
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 Asbesto
s School Hazard Detection and Control Act of 1980, 20 U.S.C. § 3601 et
seq.
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.
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).
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.
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.
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.
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.
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.
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.
| September 1997
| USAM Chapter 5-9
|