Skip to main content

## You are here

Share

- Facebook
- Twitter
- Google+
- LinkedIn
- Digg
- Reddit
- StumbleUpon
- Pinterest
- Email

# 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 JM provision. This table is provided as a matter of convenience for United States Attorneys. United States Attorneys should consult the referenced JM provision for further details and all applicable requirements.

JM 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 JM 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 September 19, 2018