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Attorney Advisor

3 months ago

Washington, Washington, D.C., United States Office Of The Secretary Of Transportation Full time

The Attorney Advisor:


Responsible for the initial examination, analysis, expert critique, and advisory recommendations involving unique federal regulatory enforcement cases referred to the OH for formal adjudication under the Administrative Procedure Act ("APA"), by multiple DOT prosecuting modes, including (but not limited to) the Federal Aviation Administration the Federal Motor Carrier Safety Administration, the Pipeline and Hazardous Materials Safety Administration, and the DOT Office of Aviation and Enforcement Proceedings.

Maintains in-depth familiarity with various stages of formal civil litigation, as well as with the Federal Rules of Civil Procedure, Federal Rules of Evidence, Blue-book citation, and each mode's administrative case precedents and appellate decisions, as well as applicable statutes, Federal Register publications, and DOT enacted regulations and procedures.

Compares the prosecuting mode's decisional documents with federal caselaw and practice, identifies and critiques deficiencies in the mode's regulations and procedures, and provides legal expertise on background information, points of law and strategies, and recommendations for resolution of those deficiencies for the CALJ's consideration.

Utilizes regulatory expertise and federal litigation experience to research, analyze, write and Blue-book edit various reports and legal documents about disputed facts and law, as well as critical, unusual, or emerging legal issues in a nationwide APA adjudication caseload, which often involves new, unusual, controversial, first impression, and/or difficult issues (both substantive and procedural) arising from each prosecuting mode's litigation of its regulatory enforcement program.

Provides legal analysis and written recommendations that will ultimately result in the CALJ's issuance of decisions that (among other things): a) are controversial, of first impression, and/or that resolve new challenges to each prosecuting mode's regulatory policy or practices; b) provide new substantive and/or procedural guidance to the prosecuting mode, other federal prosecuting modes, and the American public; c) assess substantial monetary fines and other sanctions against businesses and individuals throughout the United States; and d) resolve emergency challenges to government shut-downs of private business operations alleged to be imminent hazards

Identifies, analyzes , writes, and Blue-book edits documents explaining substantive and procedural issues in litigation, and conducts expert, in-depth research of regulations, policies, and precedent; analyzes case evidentiary facts and legal arguments within the context of the enabling statute, the applicable regulation(s), and their histories; reviews and analyzes the parties' disputed and disparate evidentiary fact submissions, as well as their legal arguments and; identifies weaknesses and strengths in party positions and applies incumbent's expertise to present sound legal theories and creative resolutions to aid the CALJ in deciding difficult and/or novel case issues and problems.

Identifies issues of first impression and/or importance based on precise analysis of the nature and complexity of the legal issues arising from case facts and law.


The ideal candidate is a legal professional with litigation experience, legal research and writing expertise, skilled in docket management, and able to provide precise and nuanced advice in the handling of administrative law cases involving nation-wide issues.