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Title 42, The Public Health and WelfareRelease 119-110

§7605 Representation in Litigation

Title 42 › CHAPTER 85 — AIR POLLUTION PREVENTION AND CONTROL › SUBCHAPTER III — GENERAL PROVISIONS › § 7605

Last updated Sep 22, 2026|Official source

Summary

The Administrator must ask the Attorney General to represent the agency in any civil lawsuit under this chapter. If the Attorney General does not say he will take the case within a reasonable time, lawyers chosen by the Administrator will represent the agency. If the Attorney General agrees to handle the case, the work must follow the June 13, 1977 memorandum of understanding between the Department of Justice and the Environmental Protection Agency and must include the Administrator’s appointed lawyers as allowed by that memorandum.

Full Legal Text

Title 42, §7605

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Attorney General; attorneys appointed by Administrator (b) Memorandum of understanding regarding legal representation
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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification 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 Subsidiaries

Effective Date

of 1977 AmendmentAmendment 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 ProceedingsSuits, 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 ActionsAll 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7605

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110