Natural Resources Attorney

State of Montana•Helena, MT

About The Position

The Natural Resources Attorney provides legal support to the Montana Department of Justice’s Natural Resource Damage Program (NRDP), which recovers damages for natural resources injured by hazardous substances and oil and uses recovered funds to implement restoration. The attorney supports restoration projects funded through existing settlements, represents NRDP in complex settlement negotiations, and may litigate natural resource damage claims in bankruptcy and federal courts. The role requires specialized environmental and natural resource damage expertise, or the ability to develop it, as well as detailed knowledge of Montana procurement and contracting requirements. The attorney works with NRDP scientists, engineers, administrative and procurement staff, state agencies, federal and tribal co-trustees, and other partners. A significant part of the position involves advising on restoration implementation and contracting, including reviewing construction bid packages and ensuring compliance with State of Montana procurement law. The attorney also supports restoration planning, including legal assistance with MEPA compliance, restoration alternatives, and development or review of restoration plans and amendments. For natural resource damage assessment, negotiation, and litigation, the attorney analyzes legal and factual issues, helps determine whether and how to pursue proceedings, develops case strategy, drafts and reviews claim-related documents, and assists with settlement negotiations. The position requires the ability to manage multiple legal and factual issues over potentially lengthy proceedings and to understand or learn CERCLA, OPA, state-law remedy requirements, and strategies for coordinating restoration with remedy. Applicants must have a Juris Doctor and be admitted to the Montana State Bar, or be able to obtain Montana licensure within one year of hire. The role requires at least two years of progressively responsible legal practice, with relevant environmental, procurement/construction, complex environmental matter, or remedy and restoration experience. Other combinations of education and experience may be considered case by case, but at least one year of experience is required. Applicants must submit a resume, cover letter, and a legal writing sample of 5,000 words or less prepared within the last five years.

Requirements

Juris Doctor degree.
Admission to and maintenance of licensure from the State Bar of Montana, or ability to become licensed to practice law in Montana within one year of hire.
At least two years of progressively responsible experience practicing law; other combinations may be considered case by case, but at least one year of experience is required.
Ability to comply consistently with State of Montana procurement law and carefully review construction bid packages and other documents.
Ability to track multiple issues over extended negotiations and proceedings.
Resume, cover letter, and legal writing sample of 5,000 words or less, prepared within the last five years, are required for application.
Successful applicants are subject to criminal history fingerprint/name-based and driving history checks.

Nice To Haves

Experience emphasizing state and federal environmental laws, particularly CERCLA and OPA.
Experience with construction or procurement.
Experience settling or litigating complex environmental matters.
Experience implementing remedy and restoration actions.
Existing knowledge of Title 18, or ability to develop that expertise.
Existing knowledge of natural resource damage law and regulations, or ability to develop that expertise.
Experience with CERCLA and negotiations; applicants without this experience may be considered based on aptitude for learning, interest in environmental law, and organizational and project management skills.
Working knowledge of legal requirements for remedy and strategies for coordinating restoration with remedy, or ability to learn them.

Responsibilities

Provide legal support for restoration actions funded by NRDP settlements.
Advise NRDP staff on legal issues related to restoration implementation and compliance with restoration plans.
Advise on construction and other contracting, review bid packages and related documents, and ensure compliance with State of Montana procurement law.
Analyze legal and factual information and identify critical issues and the merits of those issues.
Advise and assist program leadership and the Governor's Office in deciding whether to initiate legal proceedings and how to conduct or settle them.
Coordinate with federal and tribal co-trustees, remedy lead agencies, and other state agencies.
Develop and manage case strategy for complex matters that may continue for several years.
Draft and review documents related to natural resource damage claims, including preassessment screens, assessment work plans, bankruptcy proofs of claim, pleadings, settlement agreements, and related documents.
Assist with mediation, bankruptcy proceedings, negotiations, and litigation when necessary.
Advise on negotiating strategies and the effects of proposed settlement offers.
Support restoration planning, including MEPA compliance, development and selection of restoration alternatives, and preparation or review of restoration plans and amendments.
Track multiple legal and factual issues during extended negotiations and proceedings.