Minimum Qualifications Candidates should have prior litigation/administrative law experience, along with strong writing, communication and research skills. Candidates must have a law degree from an accredited law school and admission to, and be a member in good standing of, the New York State Bar, and should have 4 years of post-bar experience in litigation/administrative law, preferably in the energy and environmental sectors. Experience in administrative hearings is preferred. Preference will be given to candidates that have experience in siting of major transmission and/or generation projects under the State Environmental Quality Review Act, Public Service Law (PSL) Article VII and/or PSL Article 10.
Duties Description The Assistant Counsel will handle a portfolio of complex cases on behalf of the Office of Renewable Energy Siting (ORES) and will be primarily responsible for assisting in the review of "major renewable energy facility" applications for determining completeness with ORES policies and regulations, publishing for comment draft siting permit conditions, participating in public adjudicatory and non-adjudicatory hearings, and drafting written summary of public comments and assessing comments received on applications. Incumbents will independently represent ORES in judicial proceedings, perform the full range of legal activities in support of ORES; serve as a legal advisor to the ORES staff; may prepare and present cases before quasi-judicial or administrative bodies.
Specific duties include:
• Maintain proficiency in knowledge of applicable ORES laws, procedures, policies, and rules, perform legal research and apply legal analysis to complex technical and policy issues, and promote the mission, policies, and strategic objectives of ORES.
• Consult with appropriate State agency staffs.
• Explain ORES policies and objectives to representatives of stakeholders, and, upon request, make oral presentations or moderate panels at conferences and public forums.
• Represent views of ORES at meetings, discussions, and negotiations.
• Prepare or review and edit draft responses to letters signed by the ORES Staff.
• Appear for and on behalf of ORES in administrative and legal proceedings, provide leadership on team, organize and ensure effectiveness of interrogatories, assist in preparation of direct testimony, provide coaching for witnesses (testimony and cross-examination), conduct cross-examination, and represent ORES staff in adjudicatory proceedings.
• Negotiate and prepare various legal documents such as permits, comments, briefs, proposals, and statements in support.
• Assist or personally prepare and present arguments at judicial and administrative proceedings, and draft findings, permits, or decisions.
• May present or try cases at proceedings by preparing opening statements and summations, arguing motions, examining witnesses, consulting with parties to the proceeding, examining evidence, preparing briefs, negotiating settlement, preparing appeals, and advising superiors.
• Recommend changes in or propose new agency rules, regulations, and policies.
• Draft legal actions to enforce laws, rules, regulations, and policy.
• Collect fees for services rendered by ORES, and review claims and approve payments.
Additional Comments ORES will be instrumental in helping New York State meet the Climate Leadership and Community Protection Act (CLCPA) policy goals, the most ambitious climate legislation in the United States. The office will be responsible for implementing and executing a new streamlined permitting process for renewable energy projects in New York State greater than 25 MW, and any projects 20 MW and above that opt into the siting process administered by ORES. The process has been streamlined within this new office to decrease the time from application to approval for construction to a maximum of one year.
Positions will be located in Albany and White Plains.
Appointment is temporary pending finalization of classification in the exempt class.
Some positions may require additional credentials or a background check to verify your identity.
99 Washington Avenue
Notes on ApplyingIf interested and qualified please submit a cover letter and resume as one attachment. Please include the vacancy ID# in your response. Salary will commensurate with education and experience. Appointment is temporary pending finalization of classification in the exempt class.