Closing Date: 10th July, 2024
Description:
Minimum Qualifications
Position may be filled at
the Senior Attorney level or one within the Legal Traineeship
appointment levels. Appointment title will be dependent upon
qualifications of candidate selected.
- Reassignment - Currently in the title and an employee of DEC
- Or
- Reinstatement Eligible - Previously held the title on a permanent competitive basis or held a title as indicated under the transfer eligible section on a permanent competitive basis
- Or
- Transfer Eligible - One year of permanent competitive service at Salary Grade 16 or higher and either:
Eligible for transfer under Section 70.4: Must meet the open competitive minimum qualifications below;
Or
Eligible for transfer under Section 52.6: Must have current or prior service in a title designated as 52.6 within two salary grades/one M grade of this position. In addition, you must be a graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the New York State Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
Or
Eligible for transfer under Section 70.1: Permanent competitive service as a Senior Attorney or Senior Attorney Realty.
55b/c candidates must meet the open-competitive minimum qualifications below and include with their resume or application, a copy of the letter from Civil Service which indicates approval for the 55b/c program.
Open competitive minimum qualifications (provided for 55b/c candidates, 70.4 transfer eligibles and NY HELPS candidates): graduate of an accredited law school with an LLB or JD degree and/or be eligible to take the NYS Bar examination. If you are not admitted to the NYS Bar within two years of appointment, your appointment will be terminated.
If you are on an examination eligible list for the position title, you do not need to respond to this posting unless you are also eligible for appointment by transfer, reinstatement, or reassignment as defined above. The eligible list will be canvassed as appropriate. Always respond to an eligible list canvass.
This title is part of the New York Hiring for Emergency Limited Placement Statewide Program (NY HELPS).
For the duration of the NY Helps Program, this title may be filled via a non-competitive appointment, which means no examination is required but all candidates must meet the minimum qualifications of the title for which they apply.
At a future date (within one year of permanent appointment), it is expected employees hired under NY HELPS will have their non-competitive employment status converted to competitive status, without having to compete in an examination. Employees will then be afforded with all of the same rights and privileges of competitive class employees of New York State. While serving permanently in a NY HELPS title, employees may take part in any promotion examination for which they are qualified.
Duties Description
The
Senior Attorney (SG-25) is a position in the Bureau of Climate, Air,
and Energy in the Office of General Counsel in the Climate Change
Section. The Senior Attorney will provide legal support for the ongoing
implementation of the State's Climate Leadership and Community
Protection Act (Climate Act), the associated Clean Energy Standard, as
well as other efforts to address climate change, and may advise
regarding the siting of renewable energy and other energy infrastructure
projects. The successful candidate will primarily be responsible for
advising regarding regulations, programs, and policies to reduce
greenhouse gas emissions and increase climate resilience, including the
implementation of the Climate Act and assistance in the development of
the New York Cap and Invest program. In addition, the candidate may
represent the Department in various administrative proceedings regarding
major energy projects before State and federal agencies. This may
include cases before the Public Service Commission, the Office of
Renewable Energy Siting, and the Federal Energy Regulatory Commission.
With respect to the implementation of the Climate Act and other climate change-related initiatives, the Senior Attorney will provide legal and regulatory support for various climate-, air-, and energy-related initiatives and provide advice to Department staff regarding permitting matters. This will include providing statutory interpretations, ensuring compliance with relevant requirements with respect to rulemaking, providing advice regarding legal risk or vulnerabilities associated with potential policies under consideration, working with other agencies within the State and other state governments to develop legal strategies to address climate change, and developing programs and policies to reduce greenhouse gas emissions and increase climate resilience. The Senior Attorney will assist with climate rulemakings and programs, such as Cap and Invest and Climate Smart Communities, and implementation of such regulations and programs. Additionally, the Senior Attorney will provide advice to Department staff regarding Sections 7(2) and 7(3) of the Climate Act. The Senior Attorney may also be called upon to assist with rulemakings and other projects regarding the State's implementation of the Clean Air Act and related programs and policies to reduce air emissions.
With respect to energy project siting, the Senior Attorney's duties may include participating in proceedings before the State Public Service Commission in proceedings under Article VII of the Public Service Law, for the siting and approval of proposed major electric transmission facilities, including those related to offshore wind, and natural gas pipelines. The Senior Attorney may also represent the Department in proceedings before the Federal Regulatory Commission such as the licensing of hydroelectric facilities under the Federal Power Act. Finally, the Senior Attorney may participate in proceedings for new renewable energy projects before the Office of Renewable Energy Siting.
The description of the duties for this position and approximate percentage of time for each duty follows.
40% Legal Advice - Provides legal advice to Departmental programs, Executive staff, and Office of General Counsel management regarding climate change-, air resources, and energy-related matters, as assigned.
- Acquires foundation in applicable State and federal laws, rules, and regulations, Departmental policy, and applicable State and federal decisions.
- Meets with Section Chief for Climate Change and Section Chief for Energy Projects, as well as the Air Section Chief if assigned, Bureau Chief, and other Office of General Counsel management to discuss legal issues.
- Meets with Office of Climate Change, Division of Air Resources, Division of Environmental Permits, and other program staff to review facts and desired objectives.
- Identifies potential issues or problem areas and provides recommendations.
- Provides counsel to staff in multiple programs and regions in understanding regulatory requirements, identifying potential issues, and recognizing the potential precedential impact of decisions.
- Reviews and provides comment on program-related guidance, memoranda, policy statements, and other documents.
- Responds to inquiries regarding interpretation of applicable laws and procedures, including regarding the Climate Act, Clean Air Act, State Environmental Quality Review Act, State Administrative Procedure Act, and Uniform Procedures Act.
- Reviews program-related documents in response to Freedom of Information Law requests or discovery or other information requests.
40% Legal Research and Preparation of Legal Documents - Conducts legal research and prepares legal documents, including litigation or adjudication papers, legal memoranda, and other recommendations, on issues related to climate change, energy, or air resources.
- Conducts legal research of novel areas of law in areas such as potential regulation of greenhouse gases, or policies to adapt to climate change.
- Reviews and edits documents to ensure compliance with applicable laws and avoid potential legal problems.
- Assists in the development of regulatory documents, including in support of the Office of Climate Change and Division of Air Resources.
- Drafts letters, legal memoranda, and other documents in support of both existing and anticipated programs to protect the State's resources and the environment.
- Assists in the preparation of comments regarding proposed federal regulations, as well as State and federal legislation, in order to support the Department's interests.
10% Negotiations - Represents the Department in settlement negotiations regarding climate change matters and major energy projects, including in permitting proceedings before the Department, Article VII proceedings before the Public Service Commission, proceedings before the Office of Renewable Energy Siting under Article VIII, and proceedings under the Natural Gas Act and Federal Power Act before the Federal Energy Regulatory Commission.
- Conducts legal and factual research to become familiar with cases and their value as precedent.
- Meets with central office programs, Division of Environmental Permits, and regional staff to review facts and explore potential areas of settlement and negotiation strategies.
- Develops strategy for case in consultation with regional and Central Office staff.
- Consu
