Justice Manual § 5-6.112

The Environmental Defense Section also has responsibility for civil actions initiated on behalf of the United States to enforce the provisions of Sections 10 and 13 of the Rivers and Harbors Act of 1899 and Sections 301 and 404 of the Clean Water Act, relating to unlawful filling or other unauthorized activities undertaken in waters of the United States. As a matter of policy and practice, these civil enforcement actions are initiated only at the request of the Administrator of the Environmental Protection Agency or Chief of Engineers of the United States Army.

Whenever apparent violations of the above-mentioned statutes are brought to the attention of the Department of Justice by persons or agencies other than those with statutory enforcement responsibilities, the Department forwards reports of these apparent violations to agency enforcement officials for evaluation and referral for legal proceedings, if appropriate.

Forwarding reports of suspected violations to the appropriate agencies affords them an opportunity to resolve matters administratively. It also minimizes the government's vulnerability to a number of technical, procedural and equitable defenses. On occasion, however, an action under Section 10 or Section 13 of the Rivers and Harbors Act may be initiated by the Environmental Defense Section or United States Attorneys, at their own instance. All such actions require the approval of the Assistant Attorney General, Environment and Natural Resources Division.

Other affirmative litigation undertaken on behalf of agency clients having facilities subject to federal, state and local pollution control laws are initiated upon referral of the proposed action by the client agency to the Section Chief, Environmental Defense Section.