The lawsuits arise in federal district and appellate courts, and include claims by industries that regulations are too strict, claims by environmental groups that government standards are too lax, and claims by states or citizens that federal agencies themselves are out of compliance with environmental standards. Among its varied responsibilities in appellate and district courts, Environmental Defense handles both defensive and enforcement litigation involving the wetlands program under Section 404 of the Clean Water Act. This requires persons wishing to fill or conduct other discharge activities in wetlands to first obtain a permit from the U.S. Army Corps of Engineers. If this requirement is not met, Environmental Defense may file a civil action seeking civil penalties and injunctive relief against the violator. The Wildlife and Marine Resources Section litigates both civil and criminal cases under federal wildlife laws and laws concerning the protection of marine fish and mammals.
Prosecutions focus on smugglers and black market dealers in protected wildlife.
Civil litigation, particularly under the Endangered Species Act and the Migratory Bird Treaty Act, often pits the needs of protected species against pressures for development by both the Federal Government and private enterprise. The General Litigation Section is responsible for ensuring compliance with over 70 different statutes dealing with land management issues of federally owned properties and natural resources. This includes litigation under the National Environmental Policy Act, the Federal Land Policy Management Act, and the National Historic Preservation Act. In addition, the Section represents the United States in all legal and equitable claims asserted by Indian tribes on the grounds that the United States has failed to live up to its obligations to the tribes. The Indian Resources Section represents the United States in its trust capacity for individual Indians or Indian tribes.