Natural Resources Attorney

State of Montana•Helena, MT

18h

About The Position

The Natural Resources Attorney provides legal support to Montana’s Natural Resource Damage Program (NRDP), which is administratively attached to the State’s Attorney’s Office within the Montana Department of Justice. The NRDP recovers damages for natural resources injured by releases of hazardous substances and oil and uses recovered funds to implement restoration. The position advises on restoration planning and implementation, including projects such as improving instream flows, fish passage, fish screens, contaminated-material excavation, wetland and stream restoration, habitat enhancement, and recreational amenities. The attorney works with NRDP staff, including scientists, engineers, and administrative and procurement personnel, on legal issues related to restoration and contracting. The role has a significant focus on construction and other contracting and compliance with State of Montana procurement law, including detailed review of bid packages and related documents. The attorney also supports restoration planning, including MEPA compliance, development and selection of restoration alternatives, and preparation or review of restoration plans and amendments. The position evaluates, negotiates, and, when necessary, litigates complex natural resource damage claims, including claims in bankruptcy and federal courts. It analyzes legal and factual issues, develops case strategy, prepares and reviews claim-related documents, advises program and state leadership on legal proceedings and settlement offers, and coordinates with federal and tribal co-trustees, remedy lead agencies, and other state agencies. Claims and restoration efforts may span many years and require coordinating restoration with existing or planned remedies. The NRDP has 12 full-time employees. The position is open until filled, with the first review of candidates scheduled for November 30, 2026. Applicants must submit a résumé, cover letter, and a legal writing sample of 5,000 words or fewer, prepared within the previous 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 if licensed in another state.
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.
Strong attention to detail when reviewing construction bid packages and other documents.
Ability to track multiple issues during negotiations that may extend over many years.
Required application materials: résumé, cover letter, and a legal writing sample of 5,000 words or fewer, prepared within the last five years.

Nice To Haves

Experience emphasizing state and federal environmental laws, including CERCLA and OPA.
Experience in 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.
CERCLA and negotiating experience; applicants without this experience may be considered based on aptitude for learning new areas of law, interest in environmental law, and organizational and project-management skills.
At least five years of practice in another state in good standing may qualify an applicant for admission to the Montana Bar on motion.

Responsibilities

Advise NRDP staff on legal issues involving restoration implementation under existing settlement restoration plans.
Support contracting for restoration projects, including construction procurement, and ensure compliance with State of Montana procurement law.
Review construction bid packages and other procurement documents with consistent attention to detail.
Analyze legal and factual information to identify critical issues and assess the merits of natural resource damage claims.
Advise and assist the Chief Legal Counsel, Program Administrator, Environmental Program Manager, and Governor’s Office on 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 and track multiple issues over potentially many 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.
Work with NRDP staff and other state employees to pursue claims through mediation, bankruptcy proceedings, negotiations, and, when necessary, litigation.
Advise on negotiating strategies and the effects of proposed settlement offers.
Apply or develop working knowledge of CERCLA, OPA, state-law remedy requirements, and strategies for coordinating restoration with remedy.
Provide legal assistance with MEPA compliance, restoration alternatives development and selection, and the development and review of restoration plans and amendments.