42 USC § 7605 - Representation in litigation

---
identifier: "/us/usc/t42/s7605"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 7605 - Representation in litigation"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "7605"
section_name: "Representation in litigation"
chapter_number: 85
chapter_name: "AIR POLLUTION PREVENTION AND CONTROL"
subchapter_number: "III"
subchapter_name: "GENERAL PROVISIONS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(July 14, 1955, ch. 360, title III, § 305, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95–95, title III, § 304(a), Aug. 7, 1977, 91 Stat. 772.)"
---


# § 7605. Representation in litigation

**(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** June 13, 1977

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.

---

**Source Credit**: (July 14, 1955, ch. 360, title III, § 305, as added Pub. L. 91–604, § 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95–95, title III, § 304(a), Aug. 7, 1977, 91 Stat. 772.)

## Editorial Notes

### Codification

Section was formerly classified to .

### Prior Provisions

A prior section 305 of act , as added , , , was renumbered section 312 by  and is classified to .

Another 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

1977— designated existing provisions as subsec. (a) and added subsec. (b).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1977 Amendment

Amendment by  effective , except as otherwise expressly provided, see , set out as a note under .

### Pending Actions and Proceedings

Suits, 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

All 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 .