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EPA Records Schedule 675

Status: (to be superseded) Final, 02/29/2008

Title: Litigation Involving EPA

Program: General Counsel

Applicability: Agency-wide

Function: 317-260 - Mission Program Support

NARA Disposal Authority:

This schedule authorizes the disposition of the record copy in any media (media neutral), excluding any records already in electronic form. Records designated for permanent retention must be transferred to the National Archives in accordance with NARA standards at the time of transfer.

Description:

Includes records documenting the nature, course, and outcome of defensive litigation involving EPA and related to EPA's environmental laws (e.g., Clean Air Act, Clean Water Act). Also includes defensive litigation involving matters outside of EPA's specific environmental regulatory statutes (e.g., Freedom of Information Act, Endangered Species Act, contracts, personnel, federal tort claims, etc.) as well as cases where the government brings suit on a matter outside of EPA's regulatory area (e.g., someone owes the Government money). The types of documents may include: court pleadings and orders, opinions, depositions, interrogatories, transcripts, affidavits, exhibits, documents related to discovery and evidence, and any other documents relied on to make the case.

Excludes: EPA enforcement actions (other than defensive cases) scheduled as EPA 207 except for Superfund site-specific cases covered by EPA 025.

Disposition Instructions:

Item a: Record copy

Guidance:

The record copy is maintained by the Office of General Counsel who is responsible for implementing the disposition. Copies incorporated into other files are retained according to the disposition instructions for the records they support.

Reasons for Disposition:

The disposition for the record copy previously approved by the National Archives as NC1-412-84-2/3. The description has been rewritten to provide examples of the types of litigation and the types of documents that may be included. The disposition instructions have been rewritten as media neutral to allow for maintaining the record copy in EPA's electronic recordkeeping system.

The following items were deleted 08/23/2006:

Item b - Copies on optical disk and CD-ROM deleted as nonrecords.

Item c - Electronic copies created with word processing and electronic mail applications deleted pursuant to NARA Bulletin 2006-04.

Custodians:

Office of General Counsel

Related Schedules:

EPA 025, EPA 207

Previous NARA Disposal Authority:

NC174-255/5 (TN28/C4/5a), NC1-412-84-2/3

Entry: 10/26/1993

EPA Approval: 05/24/2007

NARA Approval: 01/20/2008

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