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.
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 , respecting representation of the agency by the department in civil litigation.
July 14, 1955, ch. 360Pub. L. 91–604, § 12(a)84 Stat. 1707Pub. L. 95–95, title III, § 304(a)91 Stat. 772(, title III, § 305, as added , , ; amended , , .)
Editorial Notes
Codification
section 1857h–3 of this titleSection was formerly classified to .
Prior Provisions
Pub. L. 90–148, § 281 Stat. 505Pub. L. 91–604section 7612 of this titleA prior section 305 of act , as added , , , was renumbered section 312 by and is classified to .
act July 14, 1955, ch. 360, title IIIPub. L. 88–206, § 177 Stat. 401Pub. L. 89–272Pub. L. 90–148Pub. L. 91–604section 7615 of this titleAnother prior section 305 of , formerly § 12, as added , , , was renumbered section 305 by , renumbered section 308 by , and renumbered section 315 by , and is classified to .
Amendments
Pub. L. 95–951977— designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1977 Amendment
Pub. L. 95–95section 406(d) of Pub. L. 95–95section 7401 of this titleAmendment by effective , except as otherwise expressly provided, see , set out as a note under .
Pending Actions and Proceedings
Pub. L. 95–95Pub. L. 95–95section 406(a) of Pub. L. 95–95section 7401 of this titleSuits, 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 , the Clean Air Act, as in effect immediately prior to the enactment of [], not to abate by reason of the taking effect of , see , set out as an Effective Date of 1977 Amendment note under .
Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other Actions
Pub. L. 95–95Pub. L. 95–95section 406(b) of Pub. L. 95–95section 7401 of this titleAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act , the Clean Air Act, as in effect immediately prior to the date of enactment of [] to continue in full force and effect until modified or rescinded in accordance with act , as amended by [this chapter], see , set out as an Effective Date of 1977 Amendment note under .