Review Vacancy
AgencyEnvironmental Conservation, Department of
TitleSenior Attorney / Assistant Attorney 1/2/3
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $61270 to $111111 Annually
Minimum Qualifications Position may be filled at the Senior Attorney level or one within the Legal Traineeship appointment levels. Appointment title will be dependent upon qualifications of candidate selected.
Reassignment – Currently in the title and an employee of DEC
Or
Reinstatement Eligible – Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis
OR
Transfer Eligible – One year of permanent competitive service at Salary Grade 15 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
Or
Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades/one M grade of this position. In addition, you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
OR
Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.
55b/c candidates must meet the open-competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55b/c program.
Open competitive minimum qualifications (provided for 55b/c candidates and 70.4 transfer eligibles): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the NYS Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
If you are on an examination eligible list for the position title, you do not need to respond to this posting unless you are also eligible for appointment by transfer, reinstatement, or reassignment as defined above. The eligible list will be canvassed as appropriate. Always respond to an eligible list canvass.
Duties Description The Senior Attorney (SG-25) in the Bureau of Materials Management, Mineral Resources and Environmental Permits will work in the Office of General Counsel in Albany, New York. The Senior Attorney will be expected to provide legal support for the Division of Environmental Permits (DEP), the Office of Indian Nation Affairs, and the Office of Environmental Justice (OEJ) on the requirements of the Environmental Conservation Law, generally, and associated provisions of law. Associated provisions of law include the State Environmental Quality Review Act (SEQR; ECL Article 8), the Uniform Procedures Act (UPA; ECL Article 70). The Senior Attorney will also provide legal support with regard to the State Historic Preservation Act (SHPA, Article 14); the National Historic Preservation Act (Section 106); the Climate Leadership and Community Protection Act (CLCPA; Laws of 2019, Chapter 106); and relevant Commissioner policies. The focus of the position will be on environmental justice and Indian Nation affairs. Importantly, the Senior Attorney will play a supporting role in development of DEC regulations, policies, and procedures on environmental justice.
Relatedly, the Senior Attorney is expected to become versed in Title VI of the Federal Civil Rights Act (https://www.epa.gov/environmentaljustice/title-vi-and-environmental-justice) and its application to environmental issues as well caselaw, treaties, and policies related to Indian Nations.
The description of the duties for this position and approximate percentage of time for each duty
follows.
30% Provides legal advice to management and program staff including regional staff and attorneys:
1. acquires a knowledge of, and keeps current with, laws, regulations, and policies related to environmental permitting (UPA and SEQR), environmental justice and Indian Nation law;
2. demonstrates good research and investigatory skills to determine pertinent facts;
3. provides legal counsel to the Division of Environmental Permits and Office of Environmental Justice and Indian Nations staff, including, in consultation with OGC management, regional permitting staff regarding the implementation and interpretation of the applicable laws, regulations, and policies related to environmental justice and Indian Nations;
4. reviews and provides comments on program-related policy documents; and
5. performs legal review of documents in connection with Freedom of Information Law requests.
25% Conducts legal research and writing:
1. conducts legal research on specific legal issues related to environmental permitting, including environmental justice concerns, Indian Nation affairs, and provides written memoranda;
2. reads, analyze all pertinent laws, regulations, cases, policy documents, and other relevant legal authority; and
3. prepares memoranda of law, that are well-written and appropriately detailed.
25% Assists with rulemaking, policy development, and legislation:
1. provides advice to DEC management and program staff on the adoption of regulations and policies to ensure regulations and policies are written in plain and unambiguous language and adopted in accordance with applicable law;
2. represents DEC in public meetings on rules;
3. reviews and provides advice on legislation; identifies implementation issues and potential conflicts with existing laws; and
4. provides timely legal response to requests for legislative review.
20% Assists with litigation and administrative hearings:
1. represents DEC in program-related permit hearings and acts as a liaison in litigation involving the Office of Attorney General; and
2. prepares for administrative hearings, including witness preparation and document preparation research law and facts for administrative cases and prepares documents for proceedings.
*Interested candidates should submit a writing sample along with their resume.
Additional Comments Telecommuting may be available, will be discussed at interview.
Some positions may require additional credentials or a background check to verify your identity.