Review Vacancy
AgencyEnvironmental Conservation, Department of
TitleSenior Attorney / Assistant Attorney 1/2/3
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $63108 to $114444 Annually
Appointment Type Contingent Permanent
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 16 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) will be a new position in the Bureau of Climate, Air, and Energy in the Office of General Counsel in the Climate Change Section. The Senior Attorney will provide legal support for the ongoing implementation of the State's Climate Leadership and Community Protection Act (Climate Act), the associated Clean Energy Standard, as well as other efforts to address climate change, and will advise regarding the siting of renewable energy and other energy infrastructure projects. The successful candidate will primarily be responsible for advising regarding regulations, programs, and policies to reduce greenhouse gas emissions and increase climate resilience, including the implementation of the Climate Act and development of the New York Cap and Invest program. In addition, the candidate may represent the Department in various administrative proceedings regarding major energy projects before State and federal agencies. This would include a docket of cases before the Public Service Commission, the New York State Board on Electric Generation Siting and the Environment, the Office of Renewable Energy Siting, and the Federal Energy Regulatory Commission.
With respect to the implementation of the Climate Act and other climate change-related initiatives, the Senior Attorney will provide legal and regulatory support for various climate- and energy-related initiatives and provide advice to Department staff regarding permitting matters. This will include providing statutory interpretations, ensuring compliance with relevant requirements with respect to rulemaking, providing advice regarding legal risk or vulnerabilities associated with potential policies under consideration, working with other agencies within the State and other state governments to develop legal strategies to address climate change, and developing programs and policies to reduce greenhouse gas emissions and increase climate resilience. The Senior Attorney will assist with climate rulemakings, such as Cap and Invest, and implementation of such regulations. Additionally, the Senior Attorney will provide advice to Department staff regarding Sections 7(2) and 7(3) of the Climate Act. The Senior Attorney may also be called upon to assist with rulemakings and other projects regarding the State's implementation of the Clean Air Act and related programs and policies to reduce air emissions.
With respect to energy project siting, the Senior Attorney's duties may include participating in proceedings before the State Public Service Commission in proceedings under Article VII of the Public Service Law, for the siting and approval of proposed major electric transmission facilities, including those related to offshore wind, and natural gas pipelines. The Senior Attorney may also represent the Department in proceedings before the Federal Regulatory Commission such as the licensing of hydroelectric facilities under the Federal Power Act. Finally, the Senior Attorney may participate in proceedings for new renewable energy projects before the Office of Renewable Energy Siting.
The description of the duties for this position and approximate percentage of time for each duty follows.
40% Legal Advice - Provides legal advice to Departmental programs, Executive staff, and Office of General Counsel management regarding climate change- and energy-related matters, as well as air resources matters as assigned.
• Acquires foundation in applicable State and federal laws, rules, and regulations, Departmental policy, and applicable State and federal decisions.
• Meets with Section Chief for Energy Projects and Section Chief for Climate Change, Bureau Chief, and other Office of General Counsel management to discuss legal issues.
• Meets with Office of Climate Change, Division of Air Resources, Division of Environmental Permits, and other program staff to review facts and desired objectives.
• Identifies potential issues or problem areas and provides recommendations.
• Provides counsel to staff in multiple programs and regions in understanding regulatory requirements, identifying potential issues, and recognizing the potential precedential impact of decisions.
• Reviews and provides comment on program-related guidance, memoranda, policy statements, and other documents.
• Responds to inquiries regarding interpretation of applicable laws and procedures, including regarding the Climate Act, Clean Air Act, State Environmental Quality Review Act, State Administrative Procedure Act, and Uniform Procedures Act.
• Reviews program-related documents in response to Freedom of Information Law requests or discovery or other information requests.
40% Legal Research and Preparation of Legal Documents - Conducts legal research and prepares legal documents, including litigation or adjudication papers, legal memoranda, and other recommendations, on issues related to climate change, energy, or air resources.
• Conducts legal research of novel areas of law in areas such as potential regulation of greenhouse gases, or policies to adapt to climate change.
• Reviews and edits documents to ensure compliance with applicable laws and avoid potential legal problems.
• Assists in the development of regulatory documents, including in support of the Division of Air Resources and the Office of Climate Change.
• Drafts letters, legal memoranda, and other documents in support of both existing and anticipated programs to protect the State's resources and the environment.
• Assists in the preparation of comments regarding proposed federal regulations, as well as State and federal legislation, in order to support the Department's interests.
10% Negotiations - Represents the Department in settlement negotiations regarding climate change matters and major energy projects, including in permitting proceedings before the Department, Article 10 proceedings before the State Board on Electric Generation Siting and the Environment under Article 10 of the Public Service Law, Article VII proceedings before the Public Service Commission, proceedings before the Office of Renewable Energy Siting under Executive Law 94-c, and proceedings under the Natural Gas Act and Federal Power Act before the Federal Energy Regulatory Commission.
• Conducts legal and factual research to become familiar with cases and their value as precedent.
• Meets with central office programs, Division of Environmental Permits, and regional staff to review facts and explore potential areas of settlement and negotiation strategies.
• Develops strategy for case in consultation with regional and central office staff.
• Consults with principals and executives regarding the direction of a case, the ability to settle regarding certain issues, and the potential impact and consistency of decisions on Departmental policies.
• Meets with outside parties, including other agencies, project applications, and third-party stakeholders, to represent the Department's interests in negotiations.
10% Hearings and Litigation - Represents the Department in administrative/adjudicatory proceedings before the Department, Public Service Commission, Siting Board, and other state or Federal agencies, and serves as liaison attorney with the Office of Attorney General in cases that reach litigation.
• Researches law and facts for each case.
• Prepares documents, including briefs and other materials, for each proceeding.
• Assists the Office of Attorney General in any resulting litigation, including through the preparation of documents, compiling of records, and explanation of programmatic impacts.
• Coordinates Department staff members assigned to a particular case, including in providing input from multiple Departmental program areas, explaining staff’s role in the process, and serving as primary point of contact to represent agency.
• Represents the Department at hearing, including through direct and cross-examination of witnesses.
• Prepares Department staff to serve as witnesses, including in the development of pre-filed testimony as well as direct, and cross-examination.
• Ensures compliance with numerous environmental laws implemented by the Department in the context of administrative hearings and litigation.
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.