Environment and Natural Resources Division (United States Department of Justice)
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| Environment and Natural Resources Division (United States Department of Justice) | |
|---|---|
| Name | Environment and Natural Resources Division |
| Formed | 1909 |
| Jurisdiction | United States |
| Headquarters | Robert F. Kennedy Department of Justice Building |
| Chief1 name | Assistant Attorney General for the Environment and Natural Resources Division |
| Parent agency | United States Department of Justice |
Environment and Natural Resources Division (United States Department of Justice)
The Environment and Natural Resources Division is the litigating arm of the United States Department of Justice that enforces federal statutes related to environmental law, natural resources law, and public lands. The Division participates in cases arising under landmark statutes such as the Clean Air Act, the Clean Water Act, the Endangered Species Act, and matters implicating the National Environmental Policy Act. It operates in coordination with agencies including the Environmental Protection Agency, the Department of the Interior, the Department of Agriculture, and the National Oceanic and Atmospheric Administration.
History
The Division traces institutional antecedents to early 20th‑century legal efforts within the United States Department of Justice to handle conservation disputes tied to the Reclamation Act of 1902, the creation of National Parks following the work of Theodore Roosevelt, and litigation over public lands administration under the General Mining Act of 1872. In the 1940s and 1970s the Division’s docket expanded as Congress enacted the Federal Water Pollution Control Act Amendments of 1972, the Clean Air Act Amendments of 1970, and the Endangered Species Act of 1973. High‑profile litigation, including cases arising from Love Canal, Exxon Valdez, and Deepwater Horizon, shaped the Division’s role in pursuing civil penalties, cleanup actions under Comprehensive Environmental Response, Compensation, and Liability Act of 1980 provisions, and natural resource damage claims under the Oil Pollution Act of 1990.
Organization and Leadership
The Division is led by an Assistant Attorney General appointed by the President of the United States and confirmed by the United States Senate. Its structure includes litigating sections aligned by subject matter—such as the Environmental Enforcement Section, Natural Resources Section, and Wildlife and Marine Resources Section—and operational offices responsible for appeals in the United States Court of Appeals for the District of Columbia Circuit and other federal circuits. Office locations extend from the Robert F. Kennedy Department of Justice Building in Washington, D.C. to regional litigating teams that coordinate with U.S. Attorneys in districts such as the Southern District of New York and the Northern District of California. The Division interacts with the Solicitor General of the United States on Supreme Court appeals and consults with the Congressional Research Service on statutory interpretation matters.
Jurisdiction and Statutory Authority
Statutory authority derives from a constellation of federal laws and delegated powers: the Clean Air Act, Clean Water Act, Endangered Species Act, Comprehensive Environmental Response, Compensation, and Liability Act of 1980, National Environmental Policy Act, Resource Conservation and Recovery Act, and the Federal Insecticide, Fungicide, and Rodenticide Act. The Division enforces United States interests in natural resource damage assessments under the Oil Pollution Act of 1990 and pursues cost recovery actions on behalf of agencies like the Environmental Protection Agency and the United States Fish and Wildlife Service. It litigates sovereign trust claims arising from statutes governing Bureau of Land Management lands, National Park Service units, and United States Forest Service administration under the Antiquities Act and other public‑lands law.
Major Litigation and Casework
The Division’s portfolio includes enforcement actions against corporations such as BP, ExxonMobil, and DuPont in contamination and oil‑spill matters, defensive litigation involving federal agency actions in cases like Massachusetts v. Environmental Protection Agency‑era climate litigation, and interstate water disputes involving the Colorado River and the Mississippi River. It has litigated in the United States Supreme Court on matters implicating statutory standing, sovereign immunity, and federal preemption, joining cases alongside state attorneys general from jurisdictions including California, Texas, and New York. The Division also handles land title and boundary disputes involving municipalities such as Las Vegas and tribal interests represented by entities like the Bureau of Indian Affairs and tribal governments under the Indian Reorganization Act.
Programs and Initiatives
The Division administers civil penalty collection, cost‑recovery settlements, and Natural Resource Damage Assessment settlements in coordination with agencies including the Environmental Protection Agency, the National Park Service, and the United States Fish and Wildlife Service. It oversees the Environmental Enforcement Section’s initiative to prioritize matters affecting air, water, and hazardous‑waste compliance and coordinates multi‑district litigation response mechanisms used in incidents like Deepwater Horizon. Training and outreach programs engage partner agencies such as the Federal Emergency Management Agency on disaster response litigation and the National Oceanic and Atmospheric Administration on marine resource restoration. The Division also pursues policy guidance collaborations with the Office of Management and Budget on regulatory litigation strategy and the Government Accountability Office on accountability reviews.
Criticism and Controversies
The Division has faced criticism from environmental organizations such as Sierra Club, Natural Resources Defense Council, and Greenpeace concerning settlement terms perceived as lenient in corporate pollution cases and for declining to pursue certain enforcement referrals from the Environmental Protection Agency. Industry groups such as the Chamber of Commerce and the American Petroleum Institute have at times criticized aggressive litigation strategies as regulatory overreach. Controversies have arisen over political influence in enforcement priorities during transitions between administrations, prompting oversight attention from committees including the Senate Committee on the Judiciary and the House Committee on Natural Resources. Litigation over disclosure and plea agreements in contamination cases has led to appellate review in circuit courts including the United States Court of Appeals for the Ninth Circuit and the United States Court of Appeals for the D.C. Circuit.