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Posted April 29, 2024

Attorney-Adviser

Environmental Protection Agency
Washington, D.C. Full Time
Reference: EnvironmentalProtectionAgency788576800

EPA's Office of General Counsel (OGC) is the chief legal advisor to EPA. The lawyers in the office provide legal advice on all federal environmental statutes, federal procedural statutes, and the federal statutes that govern EPA's day-to-day operations and international laws and treaties. Headquarters, Washington, DC. For more information, visit our website: https://www.epa.gov/aboutepa/about-office-general-counsel-ogc.

About the General Law Office and Cross Cutting Issues Law Office

OGC serves as the chief legal advisor to the Agency's senior management and program offices on Agency rules, permits, response actions, implementation actions, litigation and legislation. OGC lawyers also work with attorneys in the Department of Justice to represent the Agency in defensive litigation in the federal courts. OGC attorneys routinely engage in challenging issues, addressing complex, and often novel or cutting-edge legal issues. They also develop strong analytical, problem solving and communications skills while working closely with their program policy clients, other OGC colleagues, other agencies and outside stakeholder groups. OGC prides itself on its core values of excellence, community, work- life balance, integrity, empowerment and responsibility, and respect.

We are currently seeking to hire for two positions: one attorney in the Cross-Cutting Issues Law Office and one attorney in the General Law Office with a split portfolio between the Cross-Cutting Issues Law Office.

Each law office in OGC consists of practice groups that provide legal counsel to EPA Headquarters, regional offices, and some field offices concerning the environmental statutes and administrative law related to that particular law office.

Cross-Cutting Issues: The Cross-Cutting Issues Law Office provides legal advice under the numerous federal statutes, Executive Orders, and policies that affect all of EPA’s programs, including the Administrative Procedure Act, Environmental Justice, the National Environmental Policy Act (NEPA), the Endangered Species Act, Indian law and Children's Health issues.

General Law Office: The General Law Office provides legal advice to the Agency under numerous federal statutes, including the Freedom of Information Act, the Federal Records Act, the Inspector General Act, the Copyright Act and the Rehabilitation Act.

The Attorney Adviser in the CCILO position will:

  • Provide counseling on the National Environmental Policy Act (NEPA).
  • Primarily support the Office of Policy (OP), as well as other program and regional offices as warranted, on NEPA-specific matters, including counseling on EPA’s Clean Air Act (CAA) section 309 authority to review Environmental Impact Statements prepared by other federal agencies and on EPA’s own NEPA compliance.
  • Ideally have existing NEPA experience and an understanding of EPA’s unique CAA section 309 authority.

The Attorney Adviser in the General Law Office position will:

  • Provide counseling to the Office of Research and Development (ORD) on science-related issues.
  • Advise on matters involving scientific integrity, peer review, risk assessments, the Science Advisory Board (and other advisory boards), the Science and Technology Policy Council, and the Risk Assessment Forum.
  • Advise on matters related to the Agency’s research and development efforts under the Federal Technology Transfer Act, including reviewing technology transfer agreements such as cooperative research and development agreements, non-disclosure agreements, and data use agreements.
  • Coordinate with management in both the General Law Office and CCILO.

The Attorney Advisor in either position will also:

  • Analyze and anticipate legal issues with a problem-solving approach to support EPA Headquarters offices (and in some cases other law offices) on a wide variety of issues within the attorney's areas of responsibility.
  • Conduct research of laws, legal opinions, precedent cases, and relevant Agency guidance and actions, as needed, to address complex and difficult legal issues, either on their own or as a member of a team.
  • Analyze factual and legal issues presented to determine what further facts are needed and what legal sources are applicable. Initiate contacts with program officials and other persons having knowledge of the facts involved in the substantive matter or case at issue.
  • Provide oral and written advice and counseling in support of all EPA Headquarters program offices on a broad array of legal matters within the attorney's areas of responsibility.
  • Work under the general supervision of the Associate General Counsel and Deputy Associate General Counsel, as appropriate, under the guidance of one or more practice group leaders.

Perform other duties as assigned.

At EPA, you will work closely alongside others that may have different viewpoints and social identities from your own (including race, religion, national origin, age, sex, sexual orientation, gender identity, disability, and genetic information).

Qualifications: Applicant must have an LL.M. or J.D. degree from an accredited law school; must be admitted to practice before the highest court of a State, U.S. territory, the District of Columbia, or the Commonwealth of Puerto Rico; and must maintain active status as a member of the bar of one of these jurisdictions. Incumbent should have experience in providing legal advice and counsel at EPA, other federal, state or local agencies, or courts, non-governmental organizations, or in private practice.

If you are selected, you must complete a one-year trial period if you have not completed this requirement.

The ideal candidate will have a very strong academic and employment record, including evidence of nuanced legal analysis with respect to both statutory construction and applicable case law, excellent research and writing skills, superior oral and written communication, strong interpersonal skills, initiative and self-motivation, the ability to work effectively in a team and independently, a commitment to public service, mature judgement and the ability to work with diverse persons and perspectives, and a strong customer service ethic, and an eagerness to teach and mentor. Knowledge and relevant experience in administrative law, environmental law, information law, litigation or some combination thereof, preferred but not required.

Please identify in your written statement of interest/cover letter and resume any specialized experience in administrative law, environmental law, information law and litigation, if applicable. Note: Applicants must include a separate business-style resume with your application in lieu of the automated USAJobs resume. This document should be uploaded as part of your complete application packet described below under the Supporting Documentation Tab.

To qualify at the GS-12 grade level, applicants must have one year of specialized experience at, or equivalent to, the GS-11 grade level. Examples of specialized experience include performing legal analysis on complex and difficult legal issues; formulating recommendations to senior managers for review by supervisors; and preparing and assisting in filing pleadings, briefs, and other court documents involving legal issues in counseling or litigation.

To qualify at the GS-13 grade level, applicants must have one year of specialized experience at, or equivalent to, the GS-12 grade level. Examples of specialized experience include performing and/or directing legal analysis and developing legal opinions on complex and difficult legal issues; preparing recommendations to senior managers; and preparing and filing pleadings, briefs, and other court documents involving legal issues in counseling or litigation.

To qualify at the GS-14 grade level, applicants must have one year of specialized experience at, or equivalent to, the GS-13 grade level. Examples of specialized experience include performing and/or directing legal analysis and developing legal opinions on extremely complex and difficult legal issues; preparing recommendations which are accepted as authoritative and tantamount to final Agency decisions; and preparing and filing pleadings, briefs, and other court documents involving legal issues in counseling or litigation.

Veterans: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Environmental Protection Agency considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

More information on GS levels for the 0905 Attorney position are available at https://www.opm.gov/policy-data-oversight/classification-qualifications/classifying-general-schedule-positions/standards/0900/gs0905.pdf.

If you are selected, you will be required to complete a Confidential Financial Disclosure Form prior to your first day of employment and annually thereafter.

This position is designated as a High Risk and requires a background investigation. Unless an appropriate background is already on record with the Office of Personnel Management, you must undergo a background investigation.

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