Assistant Attorney General - Environmental Litigation and Regulatory

Full Job Description

The Environment Section of the Environment, Health, and Human Services Division of the Utah Attorney General’s Office has one opening for an attorney to represent the Utah Department of Environmental Quality (“DEQ”) in a “first chair” civil litigator role.

The primary focus of this role is on civil, administrative, and appellate litigation and a secondary focus on regulatory matters.

Significant prior litigation experience in state and federal courts, including motion practice, discovery, depositions, presentation of evidence, and related experience is required.

Administrative and appellate litigation, regulatory experience, including environmental law, and a technical or scientific background are preferred but not required.

Applicants should have a minimum of five (5) years of civil litigation experience.

Applicants must also be a member of or eligible for membership in the Utah State Bar and be admitted or eligible for admission to practice in the state and federal courts of Utah.

Excellent written and oral communication and legal research skills are essential, and a demonstrated interest or prior experience in environmental, energy, and natural resources law is a plus.

Applicants should also be able to work with scientists, engineers, enforcement specialists, and other professionals on interdisciplinary case teams.

DEQ’s programs (Utah Code Title 19) include EPA primacy and state-based environmental programs (Water Quality, Air Quality, Solid and Hazardous Waste, Drinking Water, Petroleum Storage Tanks, Site Investigation and Remediation) as well as Agreement State Programs (Uranium Recovery, Low-Level Radioactive Waste, Radioactive Materials) through the Nuclear Regulatory Commission under the Atomic Energy Act, in addition to other programs.

DEQ’s primary functions include permitting and enforcement, with associated administrative, civil, and appellate litigation.

This position presents an excellent opportunity to join the Environment Section, a collegial and collaborative team working to support DEQ’s statutory programs and functions to protect Utah’s land, air, and water.

The Environment Section is responsible for staffing all DEQ litigation, in addition to full-service regulatory support for all DEQ programs and functions.

The Environment Section is co-located with DEQ in Salt Lake City, Utah, but the position includes the option for a flexible, hybrid work environment.

Along with an application, applicants should submit a cover letter explaining their interest in the position, their resume, including significant, relevant accomplishments, work experience, class rank and G.P.A., contact telephone numbers, e-mail address, the names of three references, an unofficial transcript of law school grades, and a current and substantive writing sample.

A security background check is required for all applicants as a condition of employment. Only applicants selected for an interview will be contacted.

The Utah Office of the Attorney General is an equal opportunity employer.

*This posting will remain open until filled and may close without notice.*

Requirements

• Supporting DEQ’s civil enforcement functions by conducting legal research and analysis, identifying and evaluating evidence, interviewing witnesses, working closely with DEQ enforcement personnel to draft administrative notices and orders, civil complaints, negotiating resolutions, and preparing stipulated compliance orders.
• Assisting DEQ with the assessment and recovery of civil penalties, through litigation or settlement.
• Filing civil actions to enforce final administrative orders and representing DEQ in reviews of administrative actions by trial de novo in district court under the Utah Rules of Civil Procedure.
• Assisting DEQ in conducting joint enforcement activities with EPA in situations where DEQ and EPA have shared and overlapping enforcement jurisdiction.
• Assisting DEQ with contested permitting matters, including representing DEQ in internal permit appeals (administrative litigation) and subsequent state court appellate review of final DEQ permitting orders.
• Assisting DEQ in connection with federal court, including circuit court, litigation involving various matters where DEQ, or the state of Utah, is a party or amicus relating to programs under the scope of Title 19, including especially the Clean Air Act and Radiation Control Act.
• Assisting DEQ in responding to releases of hazardous materials and substances, including emergency situations, investigations, natural resource damage claims, and supporting DEQ’s involvement in EPA’s Superfund program, DEQ’s voluntary cleanup program, petroleum storage tank matters, and cost recovery.
• Assisting DEQ and its boards in preparing, revising, and improving administrative rules, including preparing for potential appeals, under the Utah Administrative Rulemaking Act.
• Working with EPA and the NRC to facilitate DEQ’s compliance with federal program requirements, including issuing opinion letters.
• Supporting DEQ in connection with nationwide litigation involving major EPA enforcement matters that may require DEQ support.
• Limited travel, including overnight stays, may be required.

Qualifications

(includes knowledge, skills, and abilities required upon entry into position and trainable after entry into position)

• A minimum of five (5) years of civil litigation experience.
• Familiarity with civil litigation norms and practices, litigation holds, discovery, management of electronic records, subpoenas, and similar matters, sufficient to act in a “first chair” civil litigation role for DEQ.
• Understand and apply the rules of evidence, rules of civil procedure, and local court rules.
• Communicate information and ideas clearly, and concisely, in writing; read and understand information presented in writing.
• Read, interpret, and apply laws, rules, regulations, policies, and procedures.
• Speak clearly, concisely, and effectively; listen and understand information and ideas presented verbally.
• Understand and apply case and statutory law.
• Evaluate information against a set of standards.
• Use logic to analyze or identify underlying principles, reasons, or facts associated with information or data to draw conclusions.
• Understanding of laws, legal codes, precedents, government regulations, executive orders, the democratic political process, and legislative history.
• Perform legal research using case law and appropriate techniques and technology.
• Apply laws governing access to public and private records, including the Government Records Access and Management Act.
• Make decisions and solve problems by using logic to identify key facts, explore alternatives, and propose quality solutions.
• Engage with others in a manner that shows sensitivity, tact, and professionalism.
• Provide support for technical experts and related reports and testimony.
• Interpret and apply legal decisions and identify current and emerging trends in interpretation.
• Understand and apply principles, theories, and practices of judicial and administrative law.

Additional Information

• A Juris Doctorate is required.
• Risks found in the typical office setting, which is adequately lighted, heated and ventilated, e.g., safe use of office equipment, avoiding trips and falls, observing fire regulations, etc.
• Typically, the employee may sit comfortably to perform the work; however, there may be some walking; standing; bending; carrying light items; driving an automobile, etc. Special physical demands are not required to perform the work.
• A conditional offer of employment will be made pending a satisfactory completion of a background investigation.
• Where statute mandates, active membership in the Utah State Bar.
• Must be able to travel as required.
• Valid driver license required to drive a motor vehicle on a highway in this state per UCA 53-3-202(1)(a).

Attorneys are hired at a salary consistent with their experience-level-peers in non-supervisory positions.

For the purpose of starting salary calculation, experience level is based on initial Bar admittance year, less any years not practicing law.

Annual salary ranges for each grade level are outlined below:Grade LevelBar YearApproximate SalaryII2020-2022$127,700III2016-2019$134,300IV2015-Prior$140,900 - $180,000 (Depending on Experience)