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NY HELP Yes

Agency Environmental Conservation, Department of

Title Senior Attorney / Assistant Attorney 1 / 2 / 3 - NY HELPS

Occupational Category Legal

Salary Grade NS

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

Salary Range From $66951 to $121413 Annually

Employment Type Full-Time

Appointment Type Contingent Permanent

Jurisdictional Class Competitive Class

Travel Percentage 0%

Workweek Mon-Fri

Hours Per Week 37.5

Workday

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

State NY

Zip Code 12233

Duties Description The Senior Attorney will be a member of the Air Section within the Bureau of Climate, Air, and Energy (Bureau) in the Department’s Office of General Counsel (OGC). The Bureau is responsible for advising multiple programs regarding the Department’s efforts to address climate change, reduce greenhouse gas (GHG) and other air pollutant emissions, and review proposed major energy projects. This position within the Bureau’s Air Section will primarily be responsible for providing counsel on issues related to rulemaking, litigation, enforcement, and permitting to the Division of Air Resources, executive staff, regional attorneys, and OGC management. The attorney will handle a variety of issues regarding air pollution regulation, including pursuant to the federal Clean Air Act (CAA) and NYS Environmental Conservation Law (ECL), submission of State Implementation Plans (SIPs), National Ambient Air Quality Standards (NAAQS), and the State’s implementation of the Climate Leadership and Community Protection Act. While the Senior Attorney will be focused on providing support for the Department’s efforts to address air pollution, the attorney may also be called upon to assist in other work of the Bureau, including regarding energy- or climate change-related projects or initiatives.The description of the duties for this position and approximate percentage of time for each duty follows:45% - Program Counsel – The Senior Attorney will serve as program counsel to the Division of Air Resources and other relevant programs, providing legal advice to program management and staff, Executive, and OGC management. •Provide timely advice and guidance to and respond to inquiries from Executive, program management and staff, and OGC management•Respond to inquiries regarding the interpretation of law and legal procedure•Interact with staff from the United States Environmental Protection Agency (EPA) with respect to the DEC’s implementation of federal CAA programs•Provide legal support for the development and implementation of legislation and regulations for relevant air programs•Regularly meet with management and staff from the Air program, to ensure program needs are being met, as well as OGC management•Review and provide comments on program-related guidance, memoranda, policy statements, and other documents•Respond to inquiries regarding interpretation of applicable laws and procedures, including regarding the CAA, ECL, State Administrative Procedure Act (SAPA), State Environmental Quality Review Act, and Uniform Procedures Act•Review program-related documents in response to Freedom of Information Law requests or discovery or other information requests•Review and edit documents to ensure legal sufficiency, compliance with applicable laws, and to avoid or minimize legal issues•Identify potential issues or problem areas and provide recommendations•Provide counsel to staff in understanding regulatory requirements, identifying potential issues, and recognizing the potential precedential impact of decisions•Assist staff with interactions between the DEC and the regulated community•Serve as the DEC liaison to various advisory committees, associations and other stakeholders25% Legal Research and Preparation of Legal Documents – The Senior Attorney will conduct legal research and prepare relevant legal documents on issues related to air pollution reduction, climate change, and energy, in support of Departmental initiatives•Acquire foundation in applicable State and federal laws, rules, regulations, Departmental policy, and applicable State and federal decisions•Conduct legal research and prepare legal memoranda in support of existing or potential programs to reduce air pollution•Assist in the development of regulatory documents in support of measures to reduce air pollution, including GHGs and co-pollutants •Draft letters, legal memoranda, and other documents in support of both existing and anticipated programs to protect air resources•Assist in the preparation of comments regarding proposed federal regulations, including EPA programs under the CAA, as well as State and federal legislation15% - Enforcement – The Senior Attorney will handle enforcement matters against entities that violate existing air-related regulatory requirements•Coordinate with staff in identifying potential regulatory or permitting violations•Negotiate with respondents regarding potential resolution•Draft Orders on Consent, as appropriate, to resolve violations, including appropriate penalties and corrective actions•Initiate and carry out formal administrative enforcement actions as appropriate15% - Hearings and Litigation – The Senior Attorney will serve as liaison attorney with the Office of Attorney General in both affirmative and defensive litigation, and represent the Department in relevant administrative and adjudicatory proceedings•Coordinate with DEC staff when assigned to initiate and defend litigation matters in the Bureau’s programs, including acting as lead counsel and providing support during any administrative hearing matters•Possess strong interpersonal skills to ensure there is a good working relationship with the Office of the Attorney General,•Assist with the drafting and review of necessary documents related to any civil litigation•Ensure that the DEC’s perspective, policies, and goals are considered in developing litigation strategy•Represent DEC in all stages of relevant administrative hearings•Research facts and law of each case and compile records in support of 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.

Name Megan Miller

Telephone 518-402-9273

Fax 518-402-9038

Email Address [email protected]

Address

Street 625 Broadway

City Albany

State NY

Zip Code 12233

Notes on Applying Please email/mail your resume to the above. Be sure to include Vacancy #25-188739 when applying to this position or your application may not be accepted. Please include a copy of your transcript. Unofficial copy is acceptable.