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LegalText 42 U.S.C. § 7605 Representation in litigation us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 85 AIR POLLUTION PREVENTION AND CONTROL 7605 42 U.S.C. § 7605 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s7605 data/legal/raw/us/code/title-42/usc42.xml 1b625b719313ff6422392cb841017854ff27d0673f7943df6e4b577b4555c8fb 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e a77649b9b75fed5d2b4dc9a8f9fc1bbff722d448684426951024122f42162104 2026-07-04 official
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42 U.S.C. § 7605 - Representation in litigation

Text

(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. 91604, § 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 9595, title III, § 304(a), Aug. 7, 1977, 91 Stat. 772.)

Notes

Editorial Notes

Codification Section was formerly classified to section 1857h3 of this title.

Prior ProvisionsA prior section 305 of act July 14, 1955, as added Nov. 21, 1967, Pub. L. 90148, § 2, 81 Stat. 505, was renumbered section 312 by Pub. L. 91604 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. 88206, § 1, 77 Stat. 401, was renumbered section 305 by Pub. L. 89272, renumbered section 308 by Pub. L. 90148, and renumbered section 315 by Pub. L. 91604, and is classified to section 7615 of this title.

Amendments1977—Pub. L. 9595 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 1977 AmendmentAmendment by Pub. L. 9595 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Pub. L. 9595, 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. 9595 [Aug. 7, 1977], not to abate by reason of the taking effect of Pub. L. 9595, see section 406(a) of Pub. L. 9595, 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. 9595 [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. 9595 [this chapter], see section 406(b) of Pub. L. 9595, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.