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Review Vacancy

Date Posted 12/04/23

Applications Due12/20/23

Vacancy ID145321

AgencyEnvironmental Conservation, Department of

TitleAssociate Attorney

Occupational CategoryLegal

Salary Grade28

Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)

Salary RangeFrom $106068 to $130270 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5


From 8 AM

To 4 PM

Flextime allowed? No

Mandatory overtime? No

Compressed workweek allowed? No

Telecommuting allowed? Yes

County Albany

Street Address 625 Broadway

City Albany


Zip Code12233

Minimum Qualifications Reassignment - Currently in the title and an employee of DEC
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.
Transfer Eligible - One year of permanent competitive service at Salary Grade 26 or higher and either:
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 and possess the appropriate license. To determine if your title is designated as 52.6 go to the Department of Civil Service website and search for your title under GOT-IT.

Duties Description The Associate Attorney (SG-28) will work in the Bureau of Materials Management, Mineral Resources and Environmental Permits, and will be based in the Office of General Counsel in Albany, New York. The Associate Attorney will be expected to supervise several one or more senior attorneys with the following subject areas and duties:

1. The Associate Attorney will be expected to provide legal support for the Division of Environmental Permits (DEP) and the Office of Environmental Justice (OEJ) with respect to provisions of the Environmental Conservation Law related to environmental justice and Indian Nation affairs. More specifically, the Associate Attorney will provide legal support to DEP and OEJ regarding the requirements of Chapter 840 of the Laws of 2022, as amended by Chapter 49 of the Laws of 2023 (Environmental Justice Siting law), and related provisions of the State Environmental Quality Review Act (SEQR; ECL Article 8) and the Uniform Procedures Act (UPA; ECL Article 70), Section 7(3). In addition, the Associate Attorney will provide legal support on the implementation of section 7(3) of the Climate Leadership and Community Protection Act (CLCPA; Laws of 2019, Chapter 106) and Commissioner Policy No. 29 on environmental justice and permitting.

2. The Associate Attorney will also provide legal support to the Office of Indian Nation Affairs regarding Indian Nation consultation under Commissioner Policy No 42 (entitled Contact, Cooperation, and Consultation with Indian Nations) and other legal matters that come before the Office of Indian Nation Affairs.

3. In addition, the Associate Attorney is expected to be versed in Title VI of the Federal Civil Rights Act and related polices as well as implementing laws and regulations and interpretive policies and caselaw.

4. The Associate Attorney will provide legal support, along with attorney(s) under his or her supervision to the Bureau of Materials Management, Mineral Resources, and Environmental Permitting on all bureau topics as needed.

5. The Associate Attorney will serve as a resource and provide legal assistance to other bureaus in the Office of General Counsel and other Divisions in DEC.

The description of the duties for this position and approximate percentage of time for each duty

40% Provides legal advice to management and program staff including regional staff and attorneys:
1. Supervises several senior attorneys with respect to the duties listed above and below as well as any other bureau-related matters that may be assigned to the senior attorney(s);
2. acquires a knowledge of, and keeps current with, laws, regulations, and policies related to Environmental Justice and Indian Nation law;
3. demonstrates good research and investigatory skills to determine pertinent facts;
4. provides legal counsel to Division of Environmental Permits and Office of Environmental Justice staff, including regional staff regarding the implementation and interpretation of the applicable laws, regulations, and policies related to Environmental Justice and Indian Nations in consultation with OGC management;
5. reviews and provides comments on program-related policy documents: and
6. performs legal review of documents in connection with Freedom of Information Law requests.

30% Conducts legal research and writing:
1. conducts legal research on specific legal issues related to Environmental Justice, Indian Nations, and environmental permitting, 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 clear and well-written and appropriately detailed.

25% Assists with legislation, rulemaking, and policy development (enactment of legislation and development and adoption of regulations and policies):
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.

5% 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.

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.

Name Megan Miller

Telephone (518) 402-9273

Fax (518) 402-9038

Email 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 #23-145321 on your resume or it may not be accepted.

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