Division Overview:

The Natural Resource Damage Program (NRDP) is seeking an Assistant Attorney General to join our hardworking and innovative team of scientists and attorneys in restoring Montana’s natural resources.

The ideal candidate has a strong working knowledge of the Comprehensive Environmental Response, Compensation, and Liability Act/State Superfund /Oil Pollution Act (with understanding of natural resource damages preferred), negotiations, procurement, and construction law. We understand that this is a specialized area and are willing to train the right candidate without the necessary expertise, as long as you have a demonstrated aptitude for learning new areas of law, an interest in environmental law, the ability to negotiate complex issues over long time periods, and strong organizational and project management skills.

The ideal candidate can work independently and contribute to our mission “To recover damages for natural resources injured by the release of hazardous substances and to restore, rehabilitate, replace or acquire the equivalent of the injured natural resources.”

NRDP has been pursuing natural resource damage clams at sites across Montana where a release of hazardous or deleterious substances has injured state resources. NRDP has been negotiating settlements and implementing restoration projects since 1990, when it was originally created to prepare and litigate the State’s natural resource damage lawsuit against the Atlantic Richfield Company for injury to natural resources in the Upper Clark Fork River Basin. NRDP is responsible for over $256 million in settlements and has implemented hundreds of miles of stream restoration projects and upland restoration actions.

NRDP is administratively attached to the State’s Attorney’s Office of the Montana Department of Justice and is responsible for pursuing natural resource damage claims and implementing restoration actions on behalf of the Governor as the trustee for Montana’s natural resources.

NRDP has 13 full-time employees (three attorneys, seven scientists, and three administrative/fiscal/contract staff). In addition to extensive work in the Upper Clark Fork River Basin, NRDP has also initiated and settled other lawsuits that have resulted in the State receiving additional settlement funds for restoration activities at other sites, including the Upper Blackfoot Mining Complex, the East Helena Smelter Site, the 2011 Yellowstone River Oil Spill, and the 2015 Yellowstone Oil Spill.

Job Overview:

The NRDP Lawyer represents the State of Montana in complex civil litigation and settlement negotiations involving natural resource damage (NRD) cases in federal and state courts. These cases are often high profile and technically complex. The cases require specialized expertise in environmental and natural resource damage litigation and negotiation. A successful applicant must have this existing knowledge or the ability to develop this expertise. The cases frequently involve multiple parties and multi-count actions, with complicated factual situations where there is little or no precedent.

NRD Assessment, Negotiation and Litigation

Analyzes legal and factual information to develop and identify critical issues and the merit of those legal issues. Advises and assists the Senior Attorney, Program Manager/Supervising Attorney, and the Governor's Office in deciding whether to initiate and how to conduct or settle legal proceedings. Coordinates with co-trustees in federal and tribal governments.

Works with administrative and scientific technical staff in preparing and conducting certain negotiation and litigation issues. Devises and decides case strategy to maintain consistency and organization of various complex case elements, both legal and factual during a process that may last several years. Provides legal drafting and review of documents related to natural resource damage claims, such as pre-assessment screens, assessment work plans, and funding participation agreements with potentially responsible parties. Works with appropriate staff and other state agency employees as well as expert witnesses in pursuing the claim, whether through mediation, in bankruptcy proceedings, complex negotiations, or litigation.

Negotiates on behalf of the State with liable parties and with government parties for settlement of damages arising from injuries to the State's natural resources. Advises and assists the Senior Attorney and Supervising Attorney in developing and implementing effective negotiating strategies in order to settle the State's NRD and related claims. Advises the Supervising Attorney and the Governor's Office on the effects of any proposed settlement offer. Prepares and reviews settlement agreements and other related documents.

Throughout the process of assessing natural resource damage claims, settling or litigating the claims, and through implementing the restoration actions, the NRDP Assistant Attorney General will need a working knowledge of the CERCLA/OPA/state law requirements of remedy and strategies for integrating restoration with remedy (either existing or the ability to learn this information). Applicants without CERCLA and negotiating experience may be considered on a case-by-case basis, with a demonstrated aptitude for learning new areas of law, interest in environmental law, and a strong organizational and project management skills.

A successful applicant must have the ability to track multiple issues for negotiating over a many-year period.

Restoration Planning

Works with staff and advises the Senior Attorney, Program Manager, and the Restoration Program Chief on legal issues involving restoration planning for natural resource damage claims that are being developed and for claims that have settled and require a restoration plan prior to implementation. This requires specialized knowledge in NRD law and regulations (either existing or the ability to develop this expertise). Provides legal assistance in the assessment phases, restoration alternatives development, and selection, as well as assisting with legal matters in the development of and review of restoration plans. Works with legal and technical personnel in state agencies, with technical consultants, with the lead agency for remedy (EPA or DEQ), with co-trustees in federal and tribal governments, and the Governor’s Office. Assists other NRDP staff with citizen councils and making recommendations on restoration plans and amendments to the Governor, as trustee.

Restoration Implementation

Works with staff and advises the Senior Attorney, Program Manager, and the Restoration Program Chief on legal issues involving restoration implementation for existing settlements that already have restoration plans. This requires specialized knowledge in NRD law and regulations (existing or the ability to develop this expertise), as well as providing legal assistance in property and water rights transfers, water rights proceedings, contracting, and procurement. A significant focus of this position is in contracting (construction and otherwise) and ensuring compliance with State of Montana procurement law. Works with legal and technical personnel in state agencies, with the lead agency for remedy, with technical consultants, and with co-trustees in federal and tribal governments. Assists other NRDP staff with citizen councils and advising the Governor, as trustee, with implementation of existing restoration plans.

Applicants will be reviewed on a rolling basis

Minimum Qualifications :

• Juris Doctor Degree.
• Admission to and maintenance of licensure from the State Bar of Montana.
• If licensed in another state, must be able to become licensed to practice law in Montana within one year of hire. Individuals with 5 years of practice in another state in good standing are eligible to be admitted on motion. Bar Admission Rules
• 2 or more years of progressively responsible experience in the practice of law preferred, with an emphasis on state and federal environmental laws (CERCLA and OPA preferred), the settlement or litigation of complex environmental matters, and the implementation of remedy and restoration actions.

• Applicants without experience may be considered on a case-by-case basis, with a demonstrated aptitude for learning new areas of law and interest in environmental law.

• Other combinations of education and experience will be considered on a case-by-case basis.

Special Instructions:

The selection procedures to be used in evaluating the applicant's qualification may include, but are not limited to, an evaluation of the résumé, cover letter, and writing sample, a structured interview, performance test, academic transcripts, reference/background checks and fingerprint checks.

Additional materials, references or information submitted by the applicant, but not requested, will not be considered.

Successful applicant(s) will be subject to:

• Criminal History Fingerprint Check
• Driving History

REAL ID Compliant Credential Required and/or Passport:

State employees are required to present legally binding photo identification at the time of hire. Generally, this is a valid driver license, U.S. Passport or Employment Authorization ID (Form I-766).

All DOJ positions require a valid REAL ID or U.S. Passport within 60 days of hire, effective May 3, 2023.

For further information go to https://mtrealid.gov or https://www.dhs.gov/real-id-frequently-asked-questions

HOW TO APPLY:

To be considered for this position, you must attach a résumé at the time of application.

Tip: When attaching your resume, you must mark the attachment as a “Relevant File”.

Your Résumé: Please include all work experience as well as job duties that demonstrate your qualifications for this position. Include dates of employment (month & year- start & end) and the reason you left each job.

A complete online state application is not required. To initiate an application, attach the résumé to be considered for this position. Failure to attach résumé will result in an incomplete application that will not be considered further.

Only electronic applications will be accepted. Materials submitted but not requested will not be considered in the selection process.

All documents for Veteran or Disability preference must be received or date stamped by the closing date. Please submit DD214 to Terri Christianson at Terese.Christianson@mt.gov via File Transfer Service.

To request an accommodation with the application process, please contact the HR office.

Your service is rewarded with competitive compensation and generous State of Montana Benefits.

• Medical, dental and vision coverage
• Retirement plans
• Generous paid vacation, sick and holidays
• Pre-tax Flexibility Spending Accounts
• Employee Assistance Program

State of Montana employment may qualify for student loan forgiveness under the Public Service Loan Forgiveness (PSLF) program.

This Organization Participates in E-Verify.

Minorities are under-represented in this position and are encouraged to apply.