U.S. Department of Justice - U.S. National Response Team (NRT)

U.S. Department of JusticePOINTS OF CONTACT:PrimaryMr. Bob Brook – Environmental and Natural Resources DivisionPhone: (202) 514-2738Fax: (202) 616-658324 Hour:Email:bob.brook@usdoj.gov2 nd PrimaryMs. Debra J. Kossow – Senior Admiralty CounselPhone: (202) 616-4070Fax: (202) 616-400224 Hour:Email: debra.kossow@usdoj.govAlternativeMr. Bruce Gelber – Environmental and Natural Resources DivisionPhone: (202) 514-4624Fax: (202) 514-009724 Hour:Email:bruce.gelbar@usdoj.govGENERALThe U.S. Department of Justice (DOJ) can provide expert advice oncomplicated legal questions arising from discharges or releases, andFederal agency responses. In addition, the DOJ represents theFederal government, including its agencies, in litigation relating tosuch discharges or releases. Other legal issues or questions shall bedirected to the Federal agency counsel for the agency providing theOSC for the response.DOJ’s Environment and Natural Resources Division, which isorganized into ten sections, has primary responsibility for litigationon behalf of the United States regarding prevention and clean up ofpollution, environmental challenges to Federal programs andactivities, stewardship of public lands and natural resources,acquisition of property for Federal needs, wildlife protection, andIndian rights and claims. With offices across the United States, theDivision is the nation’s environmental lawyer, and the largestenvironmental law firm in the country.Mission and GoalsDOJ’s Environmental and Natural Resources Division providesexpert advice on complex legal issues involving:Pollution and Cleanup of Pollution: One of the Division’sprimary goals is to enforce Federal civil and criminalenvironmental laws such as:• The Clean Air Act to reduce air pollution• The Clean Water Act to reduce water pollution andprotect wetlands• The Resource Conservation and Recovery Act(RCRA) to ensure hazardous wastes are properlystored, transported, and disposed• the Comprehensive Environmental Response,Compensation and Liability Act (CERCLA)• the Safe Water Drinking Act and Lead HazardReduction ActChallenges to Federal programs and agencies: TheDivision’s cases frequently involve allegations that a Federalprogram or action violates Constitutional provisions orenvironmental statutes.Property Acquisition for Federal Needs: Another significantportion of the Division's caseload consists of non-discretionaryeminent domain litigation. This important work, undertakenwith Congressional direction or authority, involves theacquisition of land for important national projects such asNational Parks, the construction of federal buildings, and fornational security related purposes.Organization/StructureThe Environment and Natural Resources Division is organizedinto ten sections, including:• Environmental Crimes Section• Environmental Defense Section• Natural Resources Section• Wildlife and Marine Section• Indian Resources Section• Land Acquisition Section• Law and Policy Section• Appelate Section• Executive Office

U.S. Department of Justice Fact SheetPage 2 of 2Role/ResponsibilityDuring a response, under the NCP for oil and hazardous materials,under the Stafford Act for presidentially declared disasters oremergency, or under the National Response Framework, DOJ playsa significant role in the federal response. Their primary strategicrole of DOJ is to provide expert legal advice, particularly regardingpotential criminal cases. The Attorney General has leadresponsibility for criminal investigations of terrorist acts, wheresuch acts are within the Federal jurisdiction of the United States.The Attorney General, through cooperation with other Federaldepartments and agencies, also coordinates the activities of othermembers of the law enforcement community to detect, prevent,preempt, and disrupt terrorist attacks against the United States.Laws/Authorities Governing theirResponse (to be reviewed)• The National Oil and Hazardous Substances PollutionContingency Plan (NCP)• The Oil Pollution Act of 1990• National Response Framework (NRF)• The Comprehensive Environmental Response,Compensation, and Liability Act,• Executive Order 12148 — Federal EmergencyManagement• Executive Order 12656 — Assignment Of EmergencyPreparedness Responsibilities• Executive Order 12777 - Outlines the responsibilitiesof certain Federal agencies in preventing andcontaining discharges of oil and hazardous substances• The Robert T. Stafford Disaster Relief andEmergency Assistance Act• The Post-Katrina Emergency Management ReformAct• Flood Control and Coastal Emergencies Act• The Defense Production Act of 1950 as Amended• The National Emergencies Act• HSPD-5 - Management of Domestic Incidents• HSPD-7 - Critical Infrastructure• HSPD-8 - National Preparedness• HSPD-9 - Defense of United States Agriculture andFoodagencies (Support Agencies) to provide resources for eachfunctional area. The mission of the ESFs is to provide the greatestpossible access to capabilities of the Federal Governmentregardless of which agency has those capabilities. Under theNational Response Framework (formerly known as the NationalResponse Plan), the DOJ and its member divisions and servicesplay a role (either as the Primary or as a Support agency) for thefollowing ESFs:ESF #PrimaryAgencySupportAgency1 Transportation X2 Communications3 Public Works & Engineering4 Firefighting5 Emergency Management X6 Mass Care, EmergencyAssistance, Housing, andHuman Services7 Logistics Management andResource Support8 Public Health and MedicalServices9 Search and Rescue X10 Oil and Hazardous MaterialsResponse11 Agriculture and NaturalResources12 Energy13 Public Safety and Security X14 Long-Term CommunityRecovery15 External Affairs XXXXXResponse RequirementsDuring times of national threat or a Presidential Declaration, theDepartment of Homeland Security serves as the planning integratorfor the President for a more robust federal incident managementcapability and in order to coordinate all Federal incidentManagement Activities in support of our State and local partners.All Federal departments and agencies may play significant roles inincident management and response activities, depending on thenature and size of an event. The Federal Emergency ManagementAgency (FEMA) coordinates response support from across theFederal Government and certain non-governmental organizations(NGOs) by calling up, as needed, one or more of the 15Emergency Support Functions (ESFs).Each of these functions are coordinated by a single agency(Primary ESF Coordinating Agency) but may rely on other