[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.7]

[Page 40]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.7  Consent judgments in actions to enjoin discharges of pollutants.

    (a) It is hereby established as the policy of the Department of 
Justice to consent to a proposed judgment in an action to enjoin 
discharges of pollutants into the environment only after or on condition 
that an opportunity is afforded persons (natural or corporate) who are 
not named as parties to the action to comment on the proposed judgment 
prior to its entry by the court.
    (b) To effectuate this policy, each proposed judgment which is 
within the scope of paragraph (a) of this section shall be lodged with 
the court as early as feasible but at least 30 days before the judgment 
is entered by the court. Prior to entry of the judgment, or some earlier 
specified date, the Department of Justice will receive and consider, and 
file with the court, any written comments, views or allegations relating 
to the proposed judgment. The Department shall reserve the right (1) to 
withdraw or withhold its consent to the proposed judgment if the 
comments, views and allegations concerning the judgment disclose facts 
or considerations which indicate that the proposed judgment is 
inappropriate, improper or inadequate and (2) to oppose an attempt by 
any person to intervene in the action.
    (c) The Assistant Attorney General in charge of the Land and Natural 
Resources Division may establish procedures for implementing this 
policy. Where it is clear that the public interest in the policy hereby 
established is not compromised, the Assistant Attorney General may 
permit an exception to this policy in a specific case where 
extraordinary circumstances require a period shorter than 30 days or a 
procedure other than stated herein.

[Order No. 529-73, 38 FR 19029, July 17, 1973]

[[Page 41]]