Senior Counsel for Appellate Matters

Summary

The Environmental Defense Section (EDS) is seeking an experienced Trial Attorney to serve as Senior Counsel for Appellate Matters. This role involves both litigating in federal courts of appeals and assisting in managing the petition for review practice. This practice area consists of challenges to rules and other final EPA actions under the major pollution control statutes (e.g., the Clean Air Act, Clean Water Act, Toxic Substance Control Act, etc.) that are filed in the courts of appeals.

Duties

One position will be filled in either Washington DC or Denver. Senior Counsel for Appellate Matters will coordinate with other Senior Counsel and the Assistant Section Chief in managing the Section's petition for review practice. Cases within this practice run the gamut from complex, multi-party challenges to high-profile national rules, to more limited challenges to regional, state, and facility-specific actions. Historically, more than fifty percent of the Section's petition for review cases have arisen under the Clean Air Act. While these petitions for review are filed in all federal courts of appeals, the majority are in the D.C. Circuit. Senior Counsel directly oversee and mentor attorneys handling petition for review cases; review briefs and other court filings; prepare attorneys for oral argument; and provide legal, strategic, and other guidance. Senior Counsel also personally handle an active docket of petition for review matters, engaging in all aspects of litigation in courts of appeals and serving as team leaders on some of the Section's most significant petitions. Additionally, Senior Counsel provide advice and consultation to client agencies and DOJ leadership on significant environmental and administrative law issues and work closely with the Office of the Solicitor General on cases involving rehearing en banc and certiorari.

Qualifications

Applicants must possess a J.D. (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), and be a U.S. citizen or national. Applicants must have a minimum of five years post-J.D. litigation experience that includes significant federal litigation experience or substantive familiarity with the Administrative Procedure Act and pollution control statutes within the Section's jurisdiction. The ideal candidate will have significant federal appellate litigation experience including the defense of agency actions under the Administrative Procedure Act; superior writing and editing skills; a working knowledge of the Clean Air Act, other pollution control statutes, the Administrative Procedure Act, and other administrative law issues; familiarity with the Federal Rules of Appellate Procedure; the ability to mentor and manage attorneys to produce high-quality work under tight time frames; the ability to work cooperatively and effectively with EPA and other client agencies, other DOJ components, and opposing counsel; and a commitment to the highest ethical and professional standards. Experience leading attorneys in appellate litigation and experience with D.C. Circuit litigation are highly desirable. The possible salary range for Washington D.C.: GS-15 ($169,279 - $197,200) The possible salary range for Denver, CO.: GS-15 ($164,956 - $197,200) YOUR RESUME MUST provide specific details as to how your experience meets the specialized experience as described in the vacancy announcement if you are using experience to meet all or part of the qualification requirements. Please ensure that your resume includes the month and year that you began and ended each position held or that position will not be credited toward meeting the experience requirement. Part-time employment will be prorated in crediting experience. Failure to provide details will result in an ineligible rating. Only experience and education obtained by the closing date of this announcement will be considered.

Education

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov. Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html. All documentation must be in English or include an English translation. https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

How You Will Be Evaluated

Veterans: There is no formal rating system for applying veteran preference to attorney appointments in the excepted service; however, the Department of Justice considers veteran preference eligibility as a positive factor in attorney hiring. Applicants eligible for veteran preference must include that information in their resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service-connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

Required Documents

To apply for this position, you must submit a complete Application Package which includes the following: Resume (not to exceed two pages) demonstrating relevant experience and month/year the experience was obtained Cover letter with brief statement of interest Writing sample Copy of J.D. degree transcripts DD 214 Certificate of Release or Discharge from Active Duty and other supporting documentation, if applicable Your resume MUST include full employment information such as periods of employment with month/year started and ended, title of position(s), part time hours worked, and description of duties. If you have Federal employment, you must include the grade of the position(s).

How to Apply

You must apply online through USAJOBS. Click on the APPLY Online button. Follow the prompts to answer a few questions and submit all required documents by 11:59 PM (EST) on the closing date to receive consideration. Applicants must submit a current resume, cover letter with brief statement of interest, writing sample, law school transcript, and DD-214 (if applicable). To verify the status of your application, log into your USAJOBS account (https://my.usajobs.gov/Account/Login), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: https://www.usajobs.gov/Help/how-to/application/status/ Internet Sites: For more information about the Environment and Natural Resources Division, visit the web site at: http://www.usdoj.gov/enrd . This and selected other legal position announcements can be found on the Internet at: https://www.justice.gov/legal-careers

What to Expect Next

Once your complete application is received, we will conduct an evaluation of your qualifications. The most highly qualified candidates will be referred to the hiring manager for further consideration and possible interview. We expect to make a selection within 80 days of the closing date of this announcement. You will be notified of the outcome.

Additional Information

Veterans Preference: If you are entitled to or claim veteran preference (VP), you should indicate the type of veteran preference (5 or 10 points) you are claiming on your resume. In order to determine your eligibility, you can find additional information at: http://www.opm.gov/policy-data-oversight/veterans-services/vet-guide/. To verify your veteran preference entitlement, submit a copy of the Member Copy 4 of your DD-214 that shows your military service was performed under honorable conditions. Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Only U.S. citizens are eligible for employment with the Executive Office for Immigration Review and the United States Attorneys' Offices. Unless otherwise indicated in a particular job advertisement, non-U.S. Citizens may apply for employment with other organizations, but should be advised that appointments of non-U.S. Citizens are extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. EEO Statement/Policy: The United States government does not discriminate in employment on the basis of race, color, religion, sex, pregnancy, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service or other non-merit factor. More information can be found here: https://www.justice.gov/jmd/media/1425556/dl?inline. DOJ Reasonable Accommodation Policy: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. The DOJ Reasonable Accommodation policy can be found here: https://www.justice.gov/jmd/reasonable-accommodation#policy Selective Service: If you were born male, on or after December 31, 1959, you must certify that you have registered with the Selective Service System or are exempt from having to do so under the Selective Service Law. Additional information is found at: www.sss.gov. Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment. Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement. Please Note: Additional candidates may be selected if more positions become available in the Division within 90 days after HR office issues the certificate of eligibles.

Applicants must possess a J.D. (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), and be a U.S. citizen or national. Applicants must have a minimum of five years post-J.D. litigation experience that includes significant federal litigation experience or substantive familiarity with the Administrative Procedure Act and pollution control statutes within the Section's jurisdiction. The ideal candidate will have significant federal appellate litigation experience including the defense of agency actions under the Administrative Procedure Act; superior writing and editing skills; a working knowledge of the Clean Air Act, other pollution control statutes, the Administrative Procedure Act, and other administrative law issues; familiarity with the Federal Rules of Appellate Procedure; the ability to mentor and manage attorneys to produce high-quality work under tight time frames; the ability to work cooperatively and effectively with EPA and other client agencies, other DOJ components, and opposing counsel; and a commitment to the highest ethical and professional standards. Experience leading attorneys in appellate litigation and experience with D.C. Circuit litigation are highly desirable. The possible salary range for Washington D.C.: GS-15 ($169,279 - $197,200) The possible salary range for Denver, CO.: GS-15 ($164,956 - $197,200) YOUR RESUME MUST provide specific details as to how your experience meets the specialized experience as described in the vacancy announcement if you are using experience to meet all or part of the qualification requirements. Please ensure that your resume includes the month and year that you began and ended each position held or that position will not be credited toward meeting the experience requirement. Part-time employment will be prorated in crediting experience. Failure to provide details will result in an ineligible rating. Only experience and education obtained by the closing date of this announcement will be considered.