Natural Resources Attorney

State of Montana•Helena, MT

About The Position

The Natural Resources Attorney provides legal support to the Natural Resource Damage Program (NRDP) in implementing restoration actions funded by settlements and in assessing, negotiating, settling, or litigating natural resource damage claims. Restoration projects may include improving instream flows, fish passage, fish screens, contaminated-material excavation, wetland and stream restoration, habitat enhancement, and recreational amenities. The attorney works on high-profile, technically complex matters and must have, or be able to develop, specialized expertise in environmental and natural resource damage law, procurement and contracting, and restoration implementation. The position works with NRDP staff—including scientists, engineers, and administrative and procurement staff—on restoration implementation and planning, with particular attention to construction contracting and compliance with State of Montana procurement law. NRDP conducts most procurement in-house, and attorneys participate throughout the process. The attorney reviews construction bid packages and related documents and advises on restoration projects carried out under existing settlement plans. The attorney analyzes legal and factual information, develops case strategy, and advises and assists the Chief Legal Counsel, Program Administrator, Environmental Program Manager, and Governor’s Office on legal proceedings and settlement decisions. The role coordinates with federal and tribal co-trustees, DEQ, EPA, and other state agencies; drafts and reviews documents related to natural resource damage claims; participates in mediation, bankruptcy proceedings, negotiations, and, less commonly, litigation; and prepares and reviews settlement agreements. The work requires tracking multiple issues over potentially many years and understanding CERCLA, OPA, state law, and the relationship between environmental remedies and restoration. For settled claims requiring restoration plans, the attorney advises on legal issues in planning, MEPA compliance, development and selection of restoration alternatives, and preparation or amendment of restoration plans. Applicants without CERCLA or negotiating experience may be considered case by case if they demonstrate aptitude for learning new areas of law, interest in environmental law, and strong organizational and project-management skills. The NRDP is administratively attached to the State’s Attorney’s Office within the Montana Department of Justice. It has 12 full-time employees and is responsible for recovering damages for natural resources injured by hazardous substances and oil releases and implementing restoration using recovered funds. The position is open until filled; the first review of candidates will be on 11/30/2026.

Requirements

Juris Doctor degree.
Admission to and maintenance of licensure from the State Bar of Montana; attorneys licensed in another state must be able to obtain Montana licensure within one year of hire. Individuals with five years of practice in another state and in good standing are eligible for admission on motion.
At least two years of progressively responsible experience practicing law; other education and experience combinations may be considered case by case and on a training basis, but at least one year of experience is required.
Experience emphasizing state and federal environmental laws, construction or procurement, and settlement or litigation of complex environmental matters and implementation of remedy and restoration actions.
Ability to comply consistently with State of Montana procurement law and demonstrate careful attention to detail when reviewing bid packages and other documents.
Ability to track multiple issues during negotiations that may span many years.
Applicants without CERCLA and negotiating experience may be considered case by case if they demonstrate aptitude for learning new areas of law, interest in environmental law, and strong organizational and project-management skills.
Submit a resume, cover letter, and legal writing sample of 5,000 words or less, prepared within the five years before application.
Resume must include work experience, duties, employment dates by month and year, and reasons for leaving each job.
Cover letter must describe how the applicant’s experience and education will benefit the NRDP in meeting its responsibilities.

Nice To Haves

Experience with CERCLA and the Oil Pollution Act (OPA).
Experience in construction or procurement.
Experience settling or litigating complex environmental matters and implementing remedies and restoration actions.
Knowledge of Title 18 or the ability to develop this expertise.
Knowledge of natural resource damage law and regulations or the ability to develop this expertise.
Experience with environmental and natural resource damage negotiation and litigation.

Responsibilities

Advise NRDP staff on legal issues related to implementing restoration actions under existing settlement plans.
Review construction bid packages and other procurement documents and help ensure compliance with State of Montana procurement law.
Analyze legal and factual information and identify critical issues and the merits of legal claims.
Advise and assist program leadership and the Governor’s Office on whether and how to pursue, conduct, or settle legal proceedings.
Coordinate with federal and tribal co-trustees, DEQ, EPA, and other state agencies.
Develop and manage strategy for complex natural resource damage matters over potentially many years.
Draft and review documents related to natural resource damage claims, including preassessment screens, assessment work plans, bankruptcy proofs of claim, and pleadings.
Pursue claims through mediation, bankruptcy proceedings, negotiations, and, when necessary, litigation.
Advise on negotiating strategies and the effects of proposed settlement offers.
Prepare and review settlement agreements and related documents.
Apply or develop working knowledge of CERCLA, OPA, state law, remedies, and coordination of restoration with remedies.
Advise on restoration planning, MEPA compliance, restoration alternatives, and the development and review of restoration plans and amendments.