Review Vacancy
AgencyEnvironmental Conservation, Department of
TitleSenior Attorney / Assistant Attorney 1 / 2 / 3 - NY HELPS
Bargaining UnitPS&T - Professional, Scientific, and Technical (PEF)
Salary RangeFrom $65001 to $117875 Annually
Appointment Type Contingent Permanent
Duties Description The Senior Attorney (SG-25) is a position in the Bureau of Climate, Air, and Energy in the Office of General Counsel in the Energy Section. The Senior Attorney's duties will include participating in proceedings related to the (i) siting and permitting, (ii) construction, and (iii) operation of major energy generation, transmission and battery storage projects throughout the State, including those related to wind (both onshore and offshore), solar, hydroelectric power, as well as natural gas. These include matters before the Public Service Commission, Office of Renewable Energy Siting, State Board on Electric Generation Siting and the Environment and the Federal Energy Regulatory Commission.
The description of the duties for this position and approximate percentage of time for each duty follows.
30% Legal Advice - Provides legal advice to Departmental programs, Executive staff, and Office of General Counsel management regarding energy-related matters, as assigned.
• Acquires foundation in applicable State and federal laws, rules, and regulations, Departmental policy, historical knowledge of Department involvement in energy projects, and applicable State and federal decisions.
• Meets with Section Chief for Energy, Bureau Chief, and other Office of General Counsel management to flag legal issues and discuss vulnerabilities.
• Coordinates with Division of Environmental Permits, and a variety of other program staff, including but not limited to the Department’s Divisions of Fish and Wildlife, Lands and Forests, Water, and Climate Change, 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.
• Responds to inquiries regarding interpretation of applicable laws and procedures as well as proposed legislation.
• Reviews program-related documents in response to Freedom of Information Law requests or discovery or other information requests.
30% Negotiations - Represents the Department in settlement negotiations regarding climate change matters, protection of the State’s environmental resources, and major energy projects, including in permitting proceedings before the Department, Public Service Law (PSL) Article VII proceedings before the Public Service Commission, proceedings before the Office of Renewable Energy Siting under PSL Article VIII, 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 each 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 and objectives.
• Meets with outside parties, including other agencies, project applicants, and third-party stakeholders, to represent the Department's interests in negotiations.
20% 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.
• Reviews and edits documents to ensure compliance with applicable laws and avoid potential legal problems.
• 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.
20% Hearings and Litigation - Represents the Department in administrative/adjudicatory proceedings before the Department, Public Service Commission, and other State or federal agencies, and serves as liaison attorney with the Office of the 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 the 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.
Minimum Qualifications This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).
For the duration of the NY HELPS Program, this title may be filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply.
At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.
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, 70.4 transfer eligibles, and NYHELPS candidates): 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.
In addition, open competitive candidates are required to have the selective criteria that is listed within the duties description.
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.
Additional Comments Telecommuting may be available, will be discussed at interview.
We offer a work-life balance and a generous benefits package, worth 65% of salary, including:
• Holiday & Paid Time Off
• Public Service Loan Forgiveness (PSLF)
• Pension from New York State Employees’ Retirement System
• Shift & Geographic pay differentials
• Affordable Health Care options
• Family dental and vision benefits at no additional cost
• NYS Deferred Compensation plan
• Access to NY 529 and NY ABLE College Savings Programs, and U.S. Savings Bonds
• And many more...
For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts.
The Department of Environmental Conservation (DEC) is committed to fostering a culture of diversity, equity, inclusion, and accessibility. Our work would not be possible without the diverse backgrounds, experiences, ideas, and abilities of our employees. DEC is committed to developing a workforce which represents the diverse population of New York State. DEC embraces a diverse and inclusive work environment by encouraging all individuals, including those with disabilities, to apply to open positions at the agency.
Some positions may require additional credentials or a background check to verify your identity.