
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7605]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 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

    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, Sec. 305, as added Pub. L. 91-604, 
Sec. 12(a), Dec. 31, 1970, 84 Stat. 1707; amended Pub. L. 95-95, title 
III, Sec. 304(a), Aug. 7, 1977, 91 Stat. 772.)

                          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, Sec. 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 Sec. 12, as added Dec. 17, 1963, Pub. L. 88-206, Sec. 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).


                    Effective Date of 1977 Amendment

    Amendment 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 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 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 Actions

    All 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.

                  Section Referred to in Other Sections

    This section is referred to in section 7413 of this title.
