Attorney

We are looking for an Attorney to join our team as a member of DEQ’s legal staff. The purpose of this position is to assist and represent DEQ on issues and in cases regarding its administration of environmental and procedural statutes, administrative rules, and applicable constitutional provisions. The employee represents the Department in judicial and administrative proceedings, and in negotiations. The employee ensures that DEQ’s positions and actions are legally defensible and that, when challenged before a court or administrative body, those positions and actions are presented effectively and persuasively. The employee also prepares legal documents and advises clients on legal transactions, including permitting actions and day-to-day legal advice.

This position will primarily support Air, Energy, Mining Division with a primary emphasis on coal, hard rock, and open cut mining. 2-5 years litigation experience is preferred. 

  Essential Functions:

Administrative Enforcement Actions

·Perform legal research and evaluation to analyze requests for enforcement under laws administrated by the Department. This will include such activities as understanding and determining whether and how legal action should proceed against persons, entities, and/or responsible parties alleged to have violated a permit or have a potential liability at a site.

·Preparation or review of administrative orders and enforcement documents to direct violators and/or responsible party to an action; participate in negotiations for settlements and/or consent orders; oversee implementation of orders or provide guidance on whether orders are not being complied with; institute administrative and civil court actions to ensure compliance with administrative orders; coordinate actions with appropriate local, state, and federal agencies; and provide legal advice and guidance to the assigned program area under relevant legal authorities. 

Legal Opinions, Consultation, and Research

·Perform legal research and prepare written legal opinions at the request of program management and staff regarding various areas of law to facilitate program implementation; prepare advice and consultation to agency personnel on administrative and legal matters; prepare contracts and other legal agreements between the Department and third parties; research and draft memoranda of law on issues for Attorney General opinions; and research and draft Department declaratory rulings and respond to public inquiries regarding legal and administrative matters.

·Interpret state and federal laws and rules; counsels Department and clients about legal issues and obligations; suggests courses of action to Department using knowledge of legal precedent and by analyzing probable outcomes; analyze, interpret, and advise about new laws that have no case precedent.

·Assists Department using knowledge of specific fields of law to prepare, review, and file documents.

Legal Representation and Litigation

·Represent the Department in negotiations and in legal forums ranging from administrative bodies to state district courts, Montana Supreme Court, and federal district court.

·Draft documents involved in the conduct of litigation including pleadings, motions, briefs, discovery responses and requests, affidavits, findings of facts, conclusions of law, and orders.

·Draft or review documents involving contracts for services provided by or for the Department. Draft or review documents memorializing the relationship between the Department and a third-party regarding duties and responsibilities such as Memoranda of Understanding and Memoranda of Agreement.

·Represent the Department in negotiations with contracting firms, public interest groups, regulated persons and private parties in matters concerning various functions of the Department. 

·Advises private industry and public interest groups at meetings and in response to telephone calls, letters, or other requests for information regarding the authority and legal positions of the Department on issues and problems.

Contracts

·Draft or review contracts, task orders, or agreement documents for services provided by or for the Department. Contracts need to follow procurement guidelines under both federal and state government contract laws to facilitate the hiring of technical consultants, information technology services, or other expert services.

·Draft and negotiate agreements with tribal, federal, state, and local entities that memorialize the relationship between the Department and a third-party regarding duties and responsibilities, and enforce, modify, or terminate contracts and interagency agreements.

Rulemaking and Legislation

·Draft or review Department rules and Department legislation. Prepare legal analysis of the impact of proposed state and federal legislation; provide notice and presentation of administrative rule at public hearings; monitor changes in federal regulations and statutes; provide written comments on proposed federal rules.

Knowledge, Skills and Abilities:

·Knowledge of court rules and procedures as well as general knowledge of common law and constitutional principles.

·Communicate clearly and concisely, both verbally and in writing for legal and non-legal audiences.

·Ability to use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions, or approaches to problems.

·Work cooperatively with others as part of a team (e.g. by giving full attention to what other people are saying, taking time to understand the points being made, asking questions as appropriate, and not interrupting at inappropriate times);

·Work cooperatively with opposing parties.

·Consider the relative costs and benefits of potential actions to choose the most appropriate one.

·Understand the implications of new information for both current and future problem-solving and decision-making; and

·Manage one's own time and multitask. 

Physical and Environmental Demands:

The position may spend significant amounts of time in the office using a computer. The office work can involve significant time keyboarding, particularly at a computer monitor where the incumbent may encounter potential challenges with eyestrain, stress, and repetitive motion impacts.Some travel is required. Long hours are sometimes required as fluctuation in workload may require more than a 40-hour work week.

At the Department of Environmental Quality, our ultimate goal is to champion a healthy environment for a thriving Montana. DEQ employees are the heart of our organization. We value the people and invest in their professional growth, promoting a culture of cross-agency collaboration as we find solutions to the environmental challenges we face. DEQ values – leadership, accountability, customer service, efficiency, excellence, and decision making – are fundamental to our work. Come be a part of the 

The position includes a career ladder for professional development and pay progression. This position may be eligible for occasional telework. This position is also eligible for up to three days of telework each week, dependent on supervisor approval.

This position may be eligible for a statutory base salary annual increase of 4% effective July 1, 2024.

·Juris Doctor from ABA-accredited law school.

·Admission to and maintenance of licensure from the State Bar of Montana.

Alternative combinations of education and experience may be considered on a case-by-case basis.

In your cover letter, describe how your education, knowledge, and skills have prepared you for this position.

Applications, including supplemental materials such as cover letter or resume, must be submitted through the State of Montana Careers site () by the closing date of the announcement.