Natural Resources Attorney

Division Overview\:

The Natural Resource Damage Program (NRDP), administratively attached to the State's Attorney's Office within the Montana Department of Justice, is responsible for recovering damages for natural resources injured by the release of hazardous substances and oil and implementing natural resource restoration with the recovered funds

The NRDP has 12 full-time employees (currently two attorneys, six scientists, and three administrative/fiscal/contract staff) and was originally created in 1990 to prepare and litigate the State’s natural resource damage lawsuit against the Atlantic Richfield Company (ARCO) for injury to natural resources in the Upper Clark Fork River Basin (UCFRB). In addition to the ARCO natural resource damage lawsuit and settlements, the State has also initiated and settled other lawsuits that have resulted in the State receiving additional settlement funds for restoration activities at other sites, including the Upper Blackfoot Mining Complex, East Helena Smelter site, the 2011 Yellowstone Oil Spill, Libby Asbestos, and the Bridger Yellowstone River 2015 spill. To learn more, see https\://dojmt.gov/nrdp/

Job Overview\:

The NRDP Attorney provides legal support for implementing restoration actions using settlement funds, including projects such as improving instream flows, fish passage projects, preventing entrainment (installing fish screens), excavating contaminated material, restoring wetlands, streams, and stream banks, habitat enhancement, and constructing recreational amenities (fishing access sites and trails). Restoration projects are intended to restore, replace, rehabilitate or acquire the equivalent of natural resources and services that were injured. This position also represents NRDP in complex settlement negotiations and, if necessary, litigation involving natural resource damage (NRD) claims in bankruptcy and federal courts.

New natural resource damage claims and implementation of restoration actions are often high profile and technically complex. The new cases require specialized expertise in environmental and natural resource damage negotiation/litigation, while implementation requires detailed knowledge of State or Montana procurement/contracting. The successful applicant must have this existing knowledge or the ability to develop this expertise.

Contracting/Other Support for Restoration Implementation\:

Works with entire NRDP staff, including scientists, engineers, and admin/procurement staff, and advises on legal issues involving restoration implementation in accordance with restoration plans for existing settlements. A significant focus of this position is in contracting (construction and otherwise) and ensuring compliance with State of Montana procurement law. Each year, NRDP implements multiple, high-value construction projects using settlement funds. NRDP performs nearly all of its procurement in-house and involves attorneys throughout the procurement process. An ability to consistently comply with State of Montana procurement law is important to ensuring that NRDP maintains the ability to implement our own procurement.

This position requires a strong and consistent attention to detail when reviewing construction bid packages and other documents.

The successful applicant must have existing knowledge of Title 18 or the ability to develop this expertise.

NRD Assessment, Negotiation and Litigation\:

Analyzes legal and factual information to develop and identify critical issues and the merit of those legal issues. Advises and assists the Chief Legal Counsel, Program Administrator, Environmental Program Manager, and the Governor's Office in deciding whether to initiate and how to conduct or settle legal proceedings. Coordinates with co-trustees in federal and tribal governments, the lead agency for remedy (DEQ and EPA), and other state agencies.

Devises and decides case strategy to maintain consistency and organization of various complex case elements, both legal and factual, during a process that may last several years. Provides legal drafting and review of documents related to natural resource damage claims, such as preassessment screens, assessment work plans, and bankruptcy proofs of claim and associated pleadings. Works with appropriate staff and other state agency employees as well as NRDA consultations in pursuing the claim, whether through mediation, in bankruptcy proceedings, complex negotiations, or less commonly, litigation.

Advises and assists the Chief Legal Counsel in developing and implementing effective negotiating strategies in order to settle the State's NRD and related claims. Advises the Chief Legal Counsel and the Governor's Office on the effects of any proposed settlement offer. Prepares and reviews settlement agreements and other related documents.

Throughout the process of assessing natural resource damage claims, settling or litigating the claims, and through implementing the restoration actions, the NRDP Attorney will need a working knowledge of the CERCLA/OPA/state law requirements of remedy and strategies for integrating/coordinating restoration with remedy (either existing or the ability to learn this information). Applicants without CERCLA and negotiating experience may be considered on a case-by-case basis, with a demonstrated aptitude for learning new areas of law, interest in environmental law, and strong organizational and project management skills.

The successful applicant must have the ability to track multiple issues for negotiating over a many-year period.

Restoration Planning\:

Works with entire NRDP staff on legal issues involving restoration planning for claims that have settled and require a restoration plan prior to implementation. This requires specialized knowledge in NRD law and regulations (either existing or the ability to develop this expertise). Provides legal assistance in MEPA compliance, restoration alternatives development and selection, as well as assisting with legal matters in the development and review of restoration plans and amendments.

Minimum Qualifications\:

• Juris Doctor Degree.

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

• If licensed in another state, must be able to become licensed to practice law in Montana within one year of hire. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Bar Admission Rules

• 2 or more years of progressively responsible experience in the practice of law, with an emphasis on state and federal environmental laws (CERCLA and OPA preferred), construction/procurement, the settlement or litigation of complex environmental matters, and the implementation of remedy and restoration actions.

• Other combinations of education and experience may be considered on a case-by-case basis and on a training basis, although at least one year of experience is required.

Special Instructions\:

You are required to attach a resume, cover letter and a legal writing sample of 5,000 words or less, from a document or portion thereof, prepared within the last five years at the time of application.

The selection procedures to be used in evaluating the applicant's qualification may include, but are not limited to, an evaluation of the résumé, cover letter, writing sample, a structured interview, academic transcripts, reference/background checks and fingerprint checks.

Additional materials, references or information submitted by the applicant, but not requested, will not be considered.

Successful applicant(s) will be subject to\:

• Criminal History Fingerprint / Name-based Check

• Driving History

HOW TO APPLY\:

• To be considered for this position, you must attach a resume, cover letter, and legal writing sample at the time of application.

• Tip\: When attaching your resume, cover letter, and writing sample you must mark the attachment as a “Relevant File”.

• Your Resume\: Please include all work experience as well as job duties that demonstrate your qualifications for this position. Include dates of employment (month & year- start & end) and the reason you left each job.

• Your Cover Letter\: Please describe how your experience and education will benefit the NRDP in meeting its responsibilities.

• A complete online state application is not required. To initiate an application, attach the resume and cover letter to be considered for this position. Failure to attach résumé and cover letter will result in an incomplete application that will not be considered further.

Only electronic applications will be accepted.Materials submitted but not requested will not be considered in the selection process.

All documents for Veteran or Disability preference must be received or date stamped by the closing date.Please submit preference documentation to Terri Christianson at[email protected]viaFile Transfer Service.

To request an accommodation with the application process, please contact the HR office.

Your service is rewarded with competitive compensation and generousState of Montana Benefits.

• Medical, dental and vision coverage

• Retirement plans

• Generous paid vacation, sick and holidays

• Pre-tax Flexibility Spending Accounts

• Employee Assistance Program

State of Montana employment may qualify for student loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.

This Organization Participates in E-Verify.

Minorities are under-represented in this position and are encouraged to apply. 

Anyone who needs to request a reasonable accommodation in the application or hiring process should contact the HR staff identified on the job listing or by dialing the Montana Relay at 711. Montana Job Service Offices also offer services including assistance with submitting an online application.

State government does not discriminate based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, age, physical or mental disability, genetic information, marital status, creed, political beliefs or affiliation, veteran status, military service, retaliation, or any other factor not related to merit and qualifications of an employee or applicant.