09/29/87

Processing of Indirect Referrals

MEMORANDUM                             SEP. 29, 1987

SUBJECT:  Processing of Indirect Referrals

FROM:     /s/ Thomas L. Adams, Jr.
              Assistant Administrator

TO:       OECM Attorneys

    Under current practices for handling indirect referrals in OECM, the
staff attorney generally prepares a memorandum which summarizes the case,
discusses significant issues, and then recommends that I refer the case to
the Department of Justice for filing.  The litigation report sent to
headquarters by the Region often contains a cover memorandum from the
Regional Administrator that also summarizes the case being referred.

    In continuing our efforts to streamline the enforcement process, I want
to encourage OECM staff attorneys to refer to and attach the Regional
Administrator's cover memorandum to the package that is sent to me for
signature as appropriate.  Points that are adequately covered in the
Regional memorandum need not be addressed in the OECM staff attorney's
memorandum.

    In any case, the package sent to me for signature should contain, in the
memorandum you prepare or in the attached Regional memorandum, the following
information:

    (1)  a brief summary of the case, including the basic facts and an
         identification of the cause(s) of action(s);

    (2)  a summary of the injunctive relief requested and a discussion of
         whether the proposed bottom-line penalty is consistent with the
         applicable penalty policy;

    (3)  a discussion of any precedential issues, any issues of national
         importance and any significant weaknesses

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         that may prevent the United States from obtaining the relief
         sought; and

    (4)  identification of any government personnel who must be recused from
         participation in, or review of, the case ( please keep in mind that
         Jonathan Cannon is recused from all cases handled by the law firm
         of Beveridge and Diamond, and I am recused from all Republic steel
         cases ).

    I anticipate that, for most cases, this information can be provided in a
two to three page memorandum prepared by you that either discusses each of
the four items itself, or, as appropriate, refers to an attached Regional
memorandum.

cc:  Regional Counsels, I - X