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Review Vacancy

Date Posted 03/21/23

Applications Due04/05/23

Vacancy ID126711

AgencyEnvironmental Conservation, Department of

TitleAssociate Counsel

Occupational CategoryLegal

Salary GradeNS

Bargaining UnitM/C - Management / Confidential (Unrepresented)

Salary RangeFrom $116686 to $147256 Annually

Employment Type Full-Time

Appointment Type Permanent

Jurisdictional Class Exempt Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5

Workday

From 8:30 AM

To 5 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address 625 Broadway

City Albany

StateNY

Zip Code12233

Minimum Qualifications NYS Bar and 4 years of post-bar relevant experience.

Duties Description The Department of Environmental Conservation is seeking a Bureau Chief for the Bureau of Climate, Air, and Energy in the Office of General Counsel (Bureau Chief). The Bureau Chief is responsible for overseeing a team of attorneys that provide legal support for the Department’s extensive efforts to address climate change, reduce greenhouse gas and other air pollutant emissions, and review proposed major energy projects. The Bureau provides legal support and advice regarding a wide range of programs related to the Department’s Division of Air Resources, Office of Climate Change, and other Departmental program areas.
The Bureau of Climate, Air, and Energy is currently comprised of three sections. The Climate Section focuses on providing legal support for the ongoing implementation of New York’s ambitious Climate Leadership and Community Protection Act (Climate Act). This includes the development, promulgation, and implementation of regulations, programs, and policies to reduce greenhouse gas emissions and increase resiliency. The Air Section provides legal advice regarding all air pollution control issues, including implementation and enforcement of requirements under the federal Clean Air Act, complementary actions to further Climate act implementation, other regulatory actions to address both stationary and mobile sources of air pollutants, and permitting of individual emissions sources. Finally, attorneys in the Energy Projects Section represent the Department in a variety of State and federal administrative proceedings for proposed energy generation and transmission facilities, including the review and siting of renewable energy and related infrastructure projects necessary to meet the Climate Act’s directives.
The Bureau Chief is responsible for coordinating all legal counsel in these areas to ensure it is consistent and in support of the Department’s overall objectives to reduce emissions, address climate change, and increase clean energy generation.
Specific responsibilities include:
• Managing and supervising attorneys across all three Sections of the Bureau to ensure timely, accurate, and effective counsel that advances the Department’s interests regarding climate change, air quality, and energy projects
• Serving as program counsel to the Division of Air Resources and Office of Climate Change
• Advising other programs within the Department regarding climate, air, and energy issues, including the Division of Environmental Permits, Division of Fish and Wildlife, and Division of Marine Resources with respect to energy projects
• Briefing management and Executive, including the Deputy Commissioner for Climate Change, Air Resources, and Energy, to identify potential issues and solutions, and minimize legal vulnerabilities, in all aspects of the Department’s climate, air, and energy programs and actions
• Supporting the promulgation of regulations that reduce greenhouse gas emissions and other air pollutants by drafting and reviewing materials in compliance with the State Administrative Procedure Act
• Drafting and reviewing decisional, permitting, and environmental review documents for proposed energy projects, including through assessing compliance with the requirements of the Climate Act as well as other statues and regulations
• Negotiating with project proponents and other entities regarding terms and conditions for proposed energy projects to avoid, minimize, and mitigate potential environmental impacts and ensure compliance with relevant requirements
• Drafting and reviewing legal documents, including briefs, testimony, and other filings
• Representing the Department in administrative litigation regarding projects before the Department, Federal Energy Regulatory Commission, Public Service Commission, and other State and federal agencies
• Serving as the Department’s liaison with the Office of the Attorney General regarding both affirmative and defensive judicial litigation related to energy projects, climate change, and air resources
• Drafting and reviewing comments on proposed federal regulations regarding climate change and air quality, including by the Environmental Protection Agency and other federal agencies
• Reviewing and commenting on proposed State and federal legislation

The Bureau Chief is responsible for overseeing a range of legal issues in a wide variety of complex legal settings, including policy and regulatory development and implementation, permitting and environmental review, and administrative litigation. The Bureau Chief must be able to respond quickly to emerging and novel legal issues, as well as ambitious Departmental initiatives and objectives. The Bureau Chief must maintain awareness of scientific, technological, and policy developments in the areas of climate change, air pollution, and energy to maximize effectiveness of legal support.
The Bureau Chief oversees the Department’s legal activities related to the review and permitting of energy infrastructure in the State, including natural gas pipelines, electric transmission lines, and power generation such as wind and solar facilities. This includes offshore wind facilities and associated infrastructure. The Bureau Chief is responsible for helping to ensure that these large-scale energy projects are constructed and operated in a manner consistent with the Environmental Conservation Law as well as the State’s nation-leading clean energy and climate change policies.

Additional responsibilities include:
• Supporting implementation of regulations, legislation, and other actions recommended by the Climate Action Council in the Scoping Plan
• Providing legal counsel regarding programs and statutes, such as the Regional Greenhouse Gas Initiative (RGGI), Community Risk and Resiliency Act, and the Climate Smart Communities program
• Advising regarding compliance with the requirements of the federal Clean Air Act, including through the preparation and submittal of State Implementation Plans and the promulgation of regulations
• Providing assistance and representation in the review and processing of air permit applications, including Title V air permits for major sources
• Supporting the development and promulgation of regulations to address both stationary and mobile sources of air emissions, and to increase resiliency
• Assisting with implementation new initiatives to ensure effective enforcement of new regulations under the Climate Act
• Devising the most defensible legal strategy to implement the Department’s chosen course of action to advance new climate change initiatives
• Serving as project attorney for the review and siting of energy projects such as electric transmission lines, hydroelectric facilities, and wind and solar farms
• Coordinating with other attorneys and staff in the Department regarding the implementation of climate, air, and energy policies and regulations, as well as proposed energy projects
• Coordinating with other partner State agencies and authorities on legal issues, including the New York State Energy Research and Development Authority, the Department of Public Service, the New York Power Authority, and the Office of Renewable Energy Siting
• Advising programs regarding the development and permitting of offshore wind facilities and supporting infrastructure

The Bureau Chief is expected to foster teamwork, collaboration, innovation, cooperation and team spirit among the attorneys in the Bureau, including fostering a culture of inclusiveness, equity, and respect, mentoring staff, and encouraging professional development.

Additional Comments Must have a valid driver’s license or demonstrate the ability to meet the transportation needs of the position. Travel may be required. Overtime may be required. Overnight travel may be required. Weekends and holidays may be required. Telecommuting may be available, will be discussed at interview.

Some positions may require additional credentials or a background check to verify your identity.

Name Marline Agnew

Telephone (518) 402-9273

Fax (518) 402-9038

Email Address PostingResponses@dec.ny.gov

Address

Street 625 Broadway

City Albany

State NY

Zip Code 12233

 

Notes on ApplyingPlease email/mail your resume to the above. Be sure to include Posting #23-126711 on your resume or it may not be accepted.

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