First review of applicants will be on July 9 th , 2018
Mission: Every day at the Montana Department of Justice, our employees are dedicated to ensuring the well-being and rights of the people of our great state. At the Department of Justice we do the right thing for the right reason. If you’re looking for an opportunity to be part of a team that builds a culture of character and excellence, demonstrates collaboration and selfless public service, and upholds the law and pursues public safety, the Department of Justice may just be the career for you.
Please take a moment and watch the linked video to learn how the Department of Justice serves the citizens of Montana.
Job Overview: The Natural Resource Damage Program (NRDP) is attached for administrative purposes to the Legal Services Division of the Department of Justice and serves the Governor in his role as Natural Resource Damage Trustee. The NRDP was created to prepare and pursue the State's natural resource damage (NRD) lawsuit against the Atlantic Richfield Co. under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 USC 9601 et seq., and its Montana counterpart, the Comprehensive Environmental Cleanup and Responsibility Act (CECRA), MCA 75-10-701, et seq. NRDP has evolved to also represent the State in other natural resource damage actions under CERCLA, CECRA, and the Oil Pollution Act of 1990 (OPA) and to oversee the implementation of restoration plans and projects associated with settled claims.
Litigation and Negotiation
Represents the State of Montana in complex civil litigation and settlement negotiations involving NRD cases in federal and state courts. These cases are often high profile and technically complex. The cases require special expertise in natural resource damage litigation and negotiation. The cases frequently involve multiple parties and multi-count actions, with complicated factual situations where there is little or no precedent.
Analyzes legal and factual information to develop and identify critical issues and the merit of those legal issues . Advises and assists the Senior Attorney , Program Manager /Supervising Attorney, and the Governor's Policy Committee in deciding whether to initiate and how to conduct or settle legal proceedings. Coordinates with co-trustees in federal and tribal Governments. Participates in ancillary proceedings relating to State NRD actions.
For litigation, serves as a litigation and negotiation team leader to oversee legal and scientific technical staff in preparing and conducting certain litigation issues . Devises and decides case strategy to maintain consistency and organization of various complex case elements, both legal and factu . al. Directs appropriate staff and other state agency employees as well as expert witnesses in production of materials necessary for answering interrogatories, preparing testimony, preparing exhibits, preparing witnesses and preparing expert testimony for both trials and depositions.
For negotiation, negotiates, on behalf of the State, with liable parties and with government parties for settlement of damages arising from injuries to the State's natural resources. Advises and assists the Supervising Attorney in developing and implementing effective negotiating strategies in order to settle the State's NRD and related claims . Advises the Supervising Attorney and the Governor's Policy Committee on the effects of any proposed settlement offer. Prepares and drafts any settlement agreements resolving liability and natural resource damages.
Restoration Planning
Works with staff and advises the Senior Attorney, Program Manager, and the Restoration Program Chief on legal issues involving restoration planning. This includes specialized expertise in NRD law and regulations, and providing legal assistance in the assessment phases, restoration alternatives development, and selection, as well as assisting with legal matters in the development of and review of restoration plans. Works with legal and technical personnel in state agencies, with technical consultants, and with co-trustees in federal and tribal governments. Assists the Supervising Attorney and the Restoration Program Chief as staff to the UCFRB Remediation and Restoration Education Advisory Council (Advisory Council), the Butte Natural
Resource Damage Restoration Council (BNRC), and the Trustee Restoration Council.
Restoration Implementation
Works with staff and advises the Senior Attorney, Program Manager, and the Restoration Program Chief on legal issues involving restoration implementation. This includes specialized expertise in NRD law and regulations, as well as providing legal assistance in property and water rights transfers, water rights proceedings, contracting, and procurement. Works with legal and technical personnel in state agencies, with technical consultants, and with co-trustees in federal and tribal governments. Assists the Supervising Attorney and the Restoration Program Chief as staff to the UCFRB Remediation and Restoration Education Advisory Council (Advisory Council), the Butte Natural Resource Damage Restoration Council (BNRC), and the Trustee Restoration Council.
Qualifications:
Knowledge, Skills and Abilities:
Superior knowledge of laws, regulations, case law , and policies affecting NRD litigation and restoration activities, including CERCLA, 42 USC 9601, et seq.; CECRA, MCA 75-10-701 et seq.; the Department of Interior NRD regulations, 43 CFR part 11; the National Contingency Plan, 40 CFR part 300; the Oil Pollution Act, 33 USC 2701 et seq.; the Oil Pollution Act NRD regulations, 15 CFR part 990; the Clean Water Act, 33 USC 1251 et seq.; the Montana Water Quality Act, MCA 75-5-101 et seq.; the National Environmental Policy Act, 42 USC 4321 et seq.; the Montana Environmental Policy Act, MCA 75-1-101 et seq .. In addition, state laws and regulations related to real property, water, and government procurement and contracting. Working knowledge of environmental bankruptcy laws.
Working knowledge related to the Federal Rules of Civil Procedure, Federal Rules of Evidence, Federal Rules of Appellate Procedure, Montana Rules of Civil Procedure, Montana Rules of Evidence, Montana Rules of Appellate Procedure. Basic knowledge of biology, chemistry, hydrology, statistics, engineering, economics and other sciences.
Superior litigation and negotiation abilities. Superior ability to communicate effectively both orally and in writing, in a variety of forums. Superior organizational and leadership abilities. Ability to conduct thorough legal research; organize and synthesize materials for court presentation; prioritize workload; meet deadlines; maintain effective working relationships with staff, other agencies, and the public; deal with confidential and sensitive material.
Minimum Qualifications (Education and Experience):
• Graduation from college and an accredited law school.
• Be licensed to practice law in any state with membership in good standing in that state's bar and be able to become licensed to practice law in Montana within six months to one year of hire.
• 5 or more years of progressively responsible experience in the practice of law.
• Legal internship or clerkship experience may, if relevant to the work described above, be substituted for up to one year of required experience in the practice of law, so long as it was within 10 years of the date of the application.
• Other combinations of education and experience will be considered on a case by case basis.
HOW TO APPLY:
You are REQUIRED to attach a cover letter, resume and a writing sample of 3000 words or less, from a document or portion thereof, prepared within the last three years at the time of application.
In your resume, include all work experience you have held that would help you qualify for this position, including duties and dates of employment (month & year - start & end), including reason for leaving.
A complete state application is not required; however, you will need to initiate the application and electronically attach the cover letter and resume in order to be considered for this position. Failure to attach the cover letter, resume, and writing sample will result in your application being incomplete and 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. You will receive an email with instructions on how to submit such documents.
If you need an accommodation with the application process, please contact the HR office.
(When attaching a document, you must check the, “relevant document” box to ensure your attachments are uploaded correctly to your application. Failure to attach the required material will conclude in an incomplete application. You must also keep the relevant boxes checked once you submit your application; if you uncheck the box with an active application it will delete the attachment.)
Special Instructions: The selection procedures to be used in evaluating the applicant's qualification may include, but not limited to, an evaluation of the resume and cover letter, a writing sample, a structured interview, performance test, 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:
• Fingerprint Check
Eligible Training Assignment:
42.02
