Trial Attorney for Appellate Matters - Environmental Defense Section (Open Continuous)

Offices, Boards and Divisions•Denver, CO

7d•Onsite

About The Position

The Environmental Defense Section (EDS) is seeking attorneys to specialize in defending against challenges to rules and other final EPA actions under the major pollution control statutes (e.g., the Clean Air Act, Clean Water Act, Toxic Substance Control Act) that are filed as petitions for review in the courts of appeals under Federal Rule of Appellate Procedure 15. These positions will also provide the opportunity, if desired, to work on select district court matters from the Section's docket. The Environmental Defense Section (EDS) is one of the only DOJ components whose attorneys routinely handle cases in the federal courts of appeals and district courts. EDS defends the United States in petitions for review brought in the courts of appeals pursuant to special statutory judicial review provisions of the environmental statutes and also handles a wide range of district court litigation, including claims for judicial review pursuant to the Administrative Procedure Act. The substance of these cases ranges, for example, from high-profile, multi-party challenges to national EPA rules (such as greenhouse-gas regulations and standards for toxic chemicals) to more targeted challenges to site-specific agency decisions. EDS is soliciting applications for trial attorney positions specializing in our petition for review appellate practice. Selected applicants will handle all stages of petition for review litigation in the courts of appeals, from preliminary motions practice through merits briefing and oral argument. While larger cases often are staffed with a small team of attorneys, most matters are handled by a single attorney. A significant portion of EDS petitions for review are filed in the D.C. Circuit, but the Section typically handles petitions for review in all the federal judicial circuits nationwide. The Section's petition for review appellate litigation will be the priority and focus of the selected applicants' assignments, but as workflow and other demands allow, there will also be opportunities, if desired, to handle select matters arising in the Section's district court docket as well.

Requirements

Must be a U.S. citizen or national.
Must complete a background investigation to include pre-employment drug testing.
Selective Service Registration is required, as applicable.
Must maintain a bank account for direct deposit of salary.
J.D. Degree (or equivalent).
Active member in good standing of the bar (any U.S. jurisdiction).
At least 1 year of post J.D. litigation and/or judicial experience to qualify for the GS-12 grade level.
At least 1.5 years of post J.D. litigation and/or judicial experience to qualify for the GS-13 grade level.
At least 2.5 years of post J.D. litigation and/or judicial experience to qualify for the GS-14 grade level.
At least 4 years of post J.D. litigation and/or judicial experience to qualify for the GS-15 grade level.
If born male, on or after December 31, 1959, must certify that you have registered with the Selective Service System or are exempt from having to do so under the Selective Service Law.

Nice To Haves

Federal appellate litigation experience including the defense of agency actions under the Administrative Procedure Act.
Experience managing complex litigation.
Superior writing and editing skills.
Familiarity with federal pollution-control statutes and administrative law issues.
Familiarity with the Federal Rules of Appellate Procedure.
Judicial clerkship experience is highly desirable.
Law review experience is highly desirable.

Responsibilities

Handle all stages of petition for review litigation in the courts of appeals, from preliminary motions practice through merits briefing and oral argument.
Defend the United States in petitions for review brought in the courts of appeals pursuant to special statutory judicial review provisions of the environmental statutes.
Handle a wide range of district court litigation, including claims for judicial review pursuant to the Administrative Procedure Act.
Handle select district court matters from the Section's docket, if desired and as workflow allows.