Justice Manual § 5-12.523

Most states have environmental enforcement programs which overlap, in whole or in part, with federal programs. United States Attorneys should familiarize themselves with state environmental enforcement laws and state enforcement officials. Frequently, an unauthorized activity constitutes a violation of both federal and state law. United States Attorneys should remain advised of pending state environmental enforcement actions. If it appears that all federal interests in the case will be vindicated in the state court proceeding, action in federal court may be an unnecessary duplication of effort.

On the other hand, if federal interests will not be protected completely in state court, federal proceedings may be warranted. Where legal action in federal court appears warranted, the United States Attorney should continue to consult and, as appropriate, coordinate with relevant state authorities. Many federal environmental statutes employ cooperative federalism, under which states and tribes share responsibilities with the United States as co-regulators. Some of the statutes identified in JM 5-12.100, e.g., 33 U.S.C. § 1319(b) and 42 U.S.C. § 7413(b), specifically require that notice of any federal civil action be given immediately to appropriate state officials. At least one statute, 33 U.S.C. § 1319(e), requires that a state be made a party to any enforcement action against one of its municipalities.