Senior Counsel for Appellate Matters

⁠​‌‌​​​‌​​​‌‌‌​‌​​​‌‌‌​​​​‌​​‌​‌‌​​‌‌‌​​‌⁠The Environmental Defense Section (EDS) is seeking an experienced Trial Attorney to serve as Senior Counsel for Appellate Matters. This role involves both litigating in federal courts of appeals and assisting in managing the petition for review practice. This practice area consists of 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, etc.) that are filed in the courts of appeals.

All academic degrees and coursework must be completed at a college or university that has obtained accreditation or pre-accreditation status from an accrediting body recognized by the U.S. Department of Education. For a list of schools that meet this criteria, see www.ed.gov.

Education completed in foreign colleges or universities may be used to meet the above education requirements if you can show that the foreign education is comparable to that received in an accredited educational institution in the United States. It is your responsibility to timely provide such evidence by submitting proof of creditability of education as evaluated by a credentialing agency with your application materials. More information may be found at https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

All documentation must be in English or include an English translation. https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html.

One position will be filled in either Washington DC or Denver.

Senior Counsel for Appellate Matters will coordinate with other Senior Counsel and the Assistant Section Chief in managing the Section's petition for review practice. Cases within this practice run the gamut from complex, multi-party challenges to high-profile national rules, to more limited challenges to regional, state, and facility-specific actions. Historically, more than fifty percent of the Section's petition for review cases have arisen under the Clean Air Act. While these petitions for review are filed in all federal courts of appeals, the majority are in the D.C. Circuit.

Senior Counsel directly oversee and mentor attorneys handling petition for review cases; review briefs and other court filings; prepare attorneys for oral argument; and provide legal, strategic, and other guidance. Senior Counsel also personally handle an active docket of petition for review matters, engaging in all aspects of litigation in courts of appeals and serving as team leaders on some of the Section's most significant petitions. Additionally, Senior Counsel provide advice and consultation to client agencies and DOJ leadership on significant environmental and administrative law issues and work closely with the Office of the Solicitor General on cases involving rehearing en banc and certiorari.

Applicants must possess a J.D. (or equivalent), be an active member in good standing of the bar (any U.S. jurisdiction), and be a U.S. citizen or national. Applicants must have a minimum of five years post-J.D. litigation experience that includes significant federal litigation experience or substantive familiarity with the Administrative Procedure Act and pollution control statutes within the Section's jurisdiction.

The ideal candidate will have significant federal appellate litigation experience including the defense of agency actions under the Administrative Procedure Act; superior writing and editing skills; a working knowledge of the Clean Air Act, other pollution control statutes, the Administrative Procedure Act, and other administrative law issues; familiarity with the Federal Rules of Appellate Procedure; the ability to mentor and manage attorneys to produce high-quality work under tight time frames; the ability to work cooperatively and effectively with EPA and other client agencies, other DOJ components, and opposing counsel; and a commitment to the highest ethical and professional standards.

Experience leading attorneys in appellate litigation and experience with D.C. Circuit litigation are highly desirable.

The possible salary range for Washington D.C.:

• GS-15 ($169,279 - $197,200)

The possible salary range for Denver, CO.:

• GS-15 ($164,956 - $197,200)

YOUR RESUME MUST provide specific details as to how your experience meets the specialized experience as described in the vacancy announcement if you are using experience to meet all or part of the qualification requirements. Please ensure that your resume includes the month and year that you began and ended each position held or that position will not be credited toward meeting the experience requirement. Part-time employment will be prorated in crediting experience. Failure to provide details will result in an ineligible rating.

Only experience and education obtained by the closing date of this announcement will be considered.