Job Details

Attorney III

Company name

Department of Toxic Substances Control

Organization Type

Government

Job Type

Attorney

Date Last Verified

Apr 17, 2020

Valid Through

Jul 31, 2020

Posted on

Mar 13, 2020

Min Salary/Max Salary

USD 9463 to 12140 Monthly

Years of Experience

Min 6 yrs required

Location

San Diego, CA, United States

Employment Type

Full-time

Industry

Legal
Practice Area
Environmental and Land Use >> Environmental and Land Use
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Attorney III
The candidate works under the general direction of an Assistant Chief Counsel. Provides complex legal advice to all Department programs regarding various legal issues involving or affecting the Department. Works with broad discretion and independence with a minimum of supervision and is expected to be an expert in the more complex area of law within a departmental legal program. Provides legal support on matters related to administrative, civil, and criminal enforcement actions. Reviews inspection reports, penalty assessments, and other case documents. Drafts administrative orders and civil complaints in enforcement cases. Researches legal issues and provides written and oral advice to the Director, Deputy Directors, and Department staff on the interpretation and implementation of the statutes and regulations. Reviews documents for legal consistency with federal and state statutory and regulatory requirements. Represents the Department in administrative enforcement proceedings. Assists in drafting inspection warrants and information requests. Assists in criminal investigations. Conducts or participates in settlement negotiations; and drafts case settlement documents in large penalty or complex enforcement cases. Assists the Attorney General's Office, and represents the Department in large penalty or complex enforcement actions and litigation by drafting referrals for AGO representation, assisting in case research and strategy, reviewing pleadings, and supporting motion work, discovery, trials, and appeals. Assists with briefing CalEPA and the Governor's Office on significant matters. Provides legal support on matters related to the Department's permitting program for hazardous waste facilities and handlers including permits, closure, and corrective action. Researches legal issues and provides written and oral advice to the Director, Deputy Directors, and Department staff on the interpretation and implementation of the applicable statutes and regulations. Reviews permitting documents and hazardous waste management requirements for consistency with state and federal laws. Represents the Office of Permitting or Department management in administrative proceedings including denials and suspensions of large or complex permits and hauler's registrations. Represents the Department in negotiating and finalizing cleanup or corrective action agreements with responsible parties on large complex sites. Assists the Attorney General's Office (AGO) by drafting referrals for AGO representation, assisting in case research and strategy, and supporting permit-related decisions and proceedings. Assists with briefing CalEPA's Office of the Secretary and the Governor's Office on significant matters. Provides legal support on matters related to the Brownfields and Environmental Restoration Program, including cost recovery. Researches legal issues and provides written and oral advice to the Director, Deputy Directors, and Department staff on the interpretation and implementation of statutes and regulations pertaining to cleanup issues. Reviews documents for legal consistency with federal and state statutory and regulatory requirements. Drafts information requests, notice letters, and administrative subpoenas to potentially responsible parties and other persons. Develops legal strategy to enforce cleanup requirements and recover costs at complex multi-party sites. Prepares and enforces cleanup orders pertaining to large or complex multi-party sites. Represents the Department in negotiating and finalizing cleanup agreements, including those at large or complex multi-party sites. Assists the Attorney General's Office (AGO) and represents the Department in cases brought under environmental laws, including the Comprehensive Environmental Response, Compensation and Liability Act and the Hazardous Substances Account Act. Supports litigation by drafting referrals for Attorney General representation, assisting in case research and strategy, reviewing pleadings, and supporting motion work, discovery, trials, and appeals. Assists with briefing CalEPA's Office of the Secretary and the Governor's Office on significant matters. Reviews and analyzes proposed federal and state legislation and regulations pertaining to permitting, enforcement, cleanup, cost recovery, and safer products and workplaces issues. Participates in meetings with environmental, industry, governmental, and other groups regarding proposed legislation and regulations. Negotiates with lobbyists and legislative staff pertaining to proposed legislation and regulations . Drafts or reviews Department policies, procedures, and guidance documents in order to ensure that they are clear, understandable, and consistent with applicable law. Provides training to Department staff on legal issues affecting the Department's roles and responsibilities.

Qualification and Experience

The candidate should have active membership in the California State Bar. Must have 6 years of legal experience in the practice of law. Should have knowledge of: Legal research methods and performing research; legal principles and their application; scope and character of California statutory law and of the provisions of the California Constitution; principles of administrative and constitutional law; trial and hearing procedure; and rules of evidence; court procedures; administrative law and the conduct of proceedings before administrative bodies; legal terms and forms in common use; statutory and case law literature and authorities; and provisions of laws and Government Code sections administered or enforced. Must have ability to: research; analyze, appraise, and apply legal principles, facts, and precedents to legal problems; analyze situations accurately and adopt an effective course of action; prepare and present statements of fact, law, and argument clearly and logically in written and oral form; prepare correspondence involving the explanation of legal matters; draft opinions, pleadings, rulings, regulations, and legislation; negotiate effectively and conduct crucial litigation; work cooperatively with a variety of individuals, organizations and maintain the confidence and respect of others; and work effectively under pressure.

Note: This position is open only to individuals who are currently in the classification, eligible for lateral transfer, eligible for reinstatement, have list eligibility, are in the process of obtaining list eligibility, or have SROA and/or Surplus eligibility.

Additional info

Job Code #: JC-193992. Position #: 810-400-5795-XXX. Submit Equal Employment questionnaire (page 10) with completed STD 678.

Company info

Hiring Coordinator
Department of Toxic Substances Control
1001 I Street
P.O. Box 806
Sacramento, CA 95814-2828

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