Environmental and Natural Resources Division

Environmental and Natural Resources Division
Name	Environmental and Natural Resources Division
Formed	1909
Jurisdiction	United States
Headquarters	Washington, D.C.
Parent agency	United States Department of Justice
Chief1 name	Assistant Attorney General for the Environment and Natural Resources
Chief1 position	Assistant Attorney General

Environmental and Natural Resources Division is a litigating component of the United States Department of Justice responsible for federal legal enforcement and defense concerning environmental protection, natural resources, public lands, and Indian affairs. The Division prosecutes civil and criminal cases under statutes such as the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and defends federal agencies like the National Park Service and the United States Forest Service in lawsuits. It also represents the United States in matters arising from oil spills, wildlife conservation, and treaty-based obligations with Native American tribes.

History

The Division traces roots to early 20th-century legal work within the Office of the Attorney General and expanded following major statutory milestones such as the National Environmental Policy Act of 1969 and the pollution-control era marked by the Clean Air Act amendments of 1970. Key historical moments include litigation arising from the Love Canal contamination, the federal response to the Exxon Valdez oil spill, and enforcement following amendments to the Resource Conservation and Recovery Act. The Division’s evolution reflects intersections with landmark developments like the creation of the Environmental Protection Agency and judicial decisions from the Supreme Court of the United States shaping federal environmental authority.

Jurisdiction and Mission

The Division enforces federal statutes enacted by Congress and defends federal programs in federal courts, including the United States Court of Appeals for the District of Columbia Circuit and the United States Supreme Court. Its mission encompasses civil enforcement under statutes such as the Endangered Species Act and the Marine Mammal Protection Act, criminal prosecution of pollution crimes under the Clean Water Act and Comprehensive Environmental Response, Compensation, and Liability Act, and representation of agencies including the Bureau of Land Management and the Fish and Wildlife Service. The Division also handles matters implicating treaties and trust responsibilities involving tribal entities like the Cherokee Nation and the Navajo Nation.

Major Programs and Divisions

The Division comprises specialized sections including the Environmental Enforcement Section, the Environmental Defense Section, the Natural Resources Section, the Wildlife and Marine Resources Section, and the Land Acquisition Section. These units coordinate enforcement actions such as civil penalties under the Toxic Substances Control Act and negotiated settlements like consent decrees with corporations including BP and ExxonMobil. Programs include the Criminal Enforcement Program that prosecutes intentional pollution offenses and the Superfund Program that oversees remediation litigation related to sites listed under the National Priorities List.

Notable Cases and Litigation

Notable litigation includes government enforcement against energy and industrial firms in cases related to incidents like the Deepwater Horizon oil spill and long-running litigation over emissions consistent with rulings in cases argued before the Supreme Court of the United States. The Division has defended federal land management decisions in disputes involving the Sierra Club and litigated under the Endangered Species Act in high-profile cases concerning the Florida panther and the gray wolf. It has pursued enforcement resulting in multimillion-dollar penalties and consent decrees requiring extensive remedial measures at contaminated sites such as those tied to Love Canal-era liabilities and Superfund cleanup obligations.

Organizational Structure and Personnel

Leadership is provided by an Assistant Attorney General appointed by the President of the United States and confirmed by the United States Senate, supported by Deputy Assistant Attorneys General overseeing litigation, policy, and administration. The Division employs career attorneys from the Environmental Protection Agency, former litigators from state attorney general offices such as the California Department of Justice, and specialists with backgrounds from institutions like the Department of the Interior and the National Oceanic and Atmospheric Administration. Staffing includes trial attorneys, paralegals, scientific advisors, and administrative officers who coordinate with litigators in federal district courts such as the United States District Court for the District of Columbia and regional circuits.

Partnerships and Collaboration

The Division collaborates with federal agencies including the Environmental Protection Agency, the Department of the Interior, the Department of Commerce, and the Department of Defense on enforcement, settlement negotiations, and rule-defense litigation. It coordinates with state attorneys general offices such as the Office of the Attorney General of New York and municipal entities, and engages with tribal governments including the Ho-Chunk Nation on trust-responsibility issues. Internationally, it cooperates with entities like the International Maritime Organization on oil-pollution matters and with foreign counterparts during transboundary environmental disputes.

Criticisms and Controversies

The Division has faced criticism from environmental organizations including the Sierra Club and Natural Resources Defense Council for alleged under-enforcement, settlement terms perceived as lenient toward corporations such as Chevron and ExxonMobil, and for defenses of controversial federal policies. Conversely, industry groups and some state officials have criticized the Division for aggressive litigation strategies that they argue exceed statutory intent, citing disputes over regulatory interpretations forwarded to the United States Court of Appeals for the Ninth Circuit. Controversies have also arisen over resource allocation between criminal and civil enforcement, and over the role of political appointees versus career attorneys in setting enforcement priorities.

Category:United States Department of Justice divisions