42 U.S.C. § 7605

Representation in litigation

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(a) Attorney General; attorneys appointed by Administrator

The Administrator shall request the Attorney General to appear and represent him in any civil action instituted under this chapter to which the Administrator is a party. Unless the Attorney General notifies the Administrator that he will appear in such action, within a reasonable time, attorneys appointed by the Administrator shall appear and represent him.

(b) Memorandum of understanding regarding legal representation

In the event the Attorney General agrees to appear and represent the Administrator in any such action, such representation shall be conducted in accordance with, and shall include participation by, attorneys appointed by the Administrator to the extent authorized by, the memorandum of understanding between the Department of Justice and the Environmental Protection Agency, dated June 13, 1977, respecting representation of the agency by the department in civil litigation.

(July 14, 1955, ch. 360, title III, § 305, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95–95, title III, § 304(a), Aug. 7, 1977, 91 Stat. 772.)Editorial NotesCodification

Section was formerly classified to section 1857h–3 of this title.

Prior Provisions

A prior section 305 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90–148, § 2, 81 Stat. 505, was renumbered section 312 by Pub. L. 91–604 and is classified to section 7612 of this title.

Another prior section 305 of act July 14, 1955, ch. 360, title III, formerly § 12, as added Dec. 17, 1963, Pub. L. 88–206, § 1, 77 Stat. 401, was renumbered section 305 by Pub. L. 89–272, renumbered section 308 by Pub. L. 90–148, and renumbered section 315 by Pub. L. 91–604, and is classified to section 7615 of this title.

Amendments

1977—Pub. L. 95–95 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 1977 Amendment

Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title.

Pending Actions and Proceedings

Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under act July 14, 1955, the Clean Air Act, as in effect immediately prior to the enactment of Pub. L. 95–95 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 95–95, see section 406(a) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions

All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.

Notes of Decisions

Cited in 5 cases, 1979–2006 · leading case: United States v. Chrysler Corp., 591 F.2d 958 (D.C. Cir. 1979).

Sort: Relevance Newest Treatment

United States v. Chrysler Corp., 591 F.2d 958 (D.C. Cir. 1979). “§ 1857h-3 (1976) (as amended 42 U.S. C.A. § 7605(a) (1977)), authorizes the Attorney General to represent EPA in any civil action in which EPA is a party.”

Border Power Plant Working Grp. v. Dep't of Energy, 467 F. Supp. 2d 1040 (S.D. Cal. 2006). “42 U.S.C. § 7605 (c)(1). As amended in 1995, the statute limits when the agency must conduct a conformity determination.”

United States v. Associated Elec. Co-Op., Inc., 503 F. Supp. 92 (E.D. Mo. 1980). “" Significantly, 42 U.S.C. § 7605 (a) provides that the Administrator shall request the Attorney General to appear and represent him "in any civil action instituted under the Act to which the Administrator is a party.”

United States v. R.E.A.G., 730 F. Supp. 482 (D. Conn. 1989). “42 U.S.C. § 7605 . Although acknowledging that the United States alleges that it is acting at the request of the Administrator in bringing this action, defendant R.”

United States v. Zimmer Paper Prods., Inc., 733 F. Supp. 1265 (S.D. Ind. 1989). “42 U.S.C. § 7605 . In this case, plaintiffs complaint recites that this suit has been filed “at the request of the Administrator of the United States Environmental Protection Agency,” reflecting the cooperation between the EPA and the Attorney General contemplated by the above…”

— 42 U.S.C. § 7605(a) — 1 case

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