Attorney III - CVCI, SMRP, and Enforcement

Min 5 yrs required

Full-time

No

Attorney III - CVCI, SMRP, and Enforcement
Duties: The candidate provides legal advice and assistance to the Department's management. Oversees legal consistency and formulates legal policy pertaining to the implementation of applicable laws and regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 . § 9601 et seq.), the Hazardous Waste Control Act (Health & Saf. Code, division 20, chapter ), and the Hazardous Substance Account Act (State Superfund law) (Health & Saf, Code, division 20, chapter ). Provides legal recommendations and other legal support concerning proposed hazardous waste legislation and regulations, complex litigation, and statewide program initiatives affecting the Cleanups Program. Meets with the Deputy Director and other Department managers on a regular basis to coordinate legal support. Reviews Public Records Act (PRA) requests, and other public and legislative inquiries, and the Department's responses. Provides legal support and advice on record requests about sites and issues implicated in anticipated or ongoing litigation and the appropriate course of action. Researches PRA requirements to determine whether records are privileged or otherwise exempt from disclosure. 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, including both substantive and technical adequacy. Represents the Department in negotiating and finalizing cleanup or corrective action agreements with responsible parties. Provides legal support and advice related to and in preparation for complex litigation in federal and state courts including cost recovery actions and tort claims. Evaluates claims and works to avoid litigation by securing cost recovery contributions with potentially responsible parties via pre-litigation settlement agreements or similar. Supports the Attorney General's Office in litigation and in anticipation of litigation, including preparing for pre-trial and trial matters; reviewing and commenting on complaints, motions, and other pleadings; responding to discovery requests; conducting negotiation and settlement; and preparing witnesses and expert witnesses for trial. Supports the Attorney General's Office in defending the Department in legal actions and in representing the Department in bankruptcy proceedings. Represents the Department employees subpoenaed for deposition and trial testimony. Prepares complex enforcement cases for administrative proceedings and for filing in federal and state courts. Interacts and provides recommendations to the decision-makers regarding complex and sensitive issues related to litigation and enforcement cases, including liability issues and governmental immunity issues. Advises program staff on litigation-related issues. Supports the Attorney General's Office in defending the Department in lawsuits contending that the Department failed to comply with California Environmental Quality Act (CEQA) requirements. Prepares and negotiates contracts access agreements and other legal documents and provides the State of California - California Environmental Protection Agency Department of Toxic Substances Control documents to the decision-makers. Reviews complex technical, legal and other documents, including documents for removal actions, remedial actions, corrective actions and hazardous waste facility closure activities to ensure compliance with federal and state statutory and regulatory requirements. Reviews public participation documents including fact sheets, community notices, press releases, and other documents provided to the public. Reviews and analyzes legislation regulations and guidance documents. Participates in public hearings, public meetings, workshops, legislative hearings, and other meetings with stakeholders. Provides legal support and advice on CEQA analysis and documentation to ensure the Department’s decisions are in compliance with the requirements of CEQA and CEQA guidelines. Assists with responses to comments on CEQA documentation. Performs administrative duties including: adheres to Department policies, rules, and procedures, submits administrative requests including leave, overtime, travel, and training in a timely and appropriate manner; accurately reports time in the Daily Log system and submits timesheets by the due date. Performs other duties as required to support the functions of OLC.

Job Code #: JC-410619. Position #: 810-410-5795-010. Submit a current version of the STD Form 678, resume, and cover letter.

Qualification and Experience Qualifications: The candidate must have membership in the California State Bar with 5 years of legal experience in the practice of law. Should ideally have civil litigation experience in areas such as hazardous waste, civil rights, CEQA, pollution cleanup and recovery, and business matters such as bankruptcy and contracts. Experience with the CERCLA, HSAA, RCRA, NEPA and CEQA, and California Administrative Procedure Acts (APA) is a plus. Excellent research and writing abilities, as well as skill in oral advocacy and negotiations, experience leading complex, often technical, scientific policy developments. 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; federal and state statutes and rules; rules of professional conduct; principles of administrative trial and hearing procedure and rules of evidence; court procedures; legal terms and forms in common use; statutory and case law literature and authorities; professional and ethical rules as they relate to the practice of law; appellate proceedings; rules of evidence and conduct of proceedings in trial and appellate courts of California and the United States and before administrative bodies; and provisions of laws and Government Code sections administered or enforced. 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 and memoranda 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; independently present difficult and complex cases before Administrative Law Judges; prepare, present, and handle legal cases; direct the work of clerical and professional assistants; edit written documents written by oneself, as well as those produced by others, for accuracy and effectiveness; analyze situations accurately and adopt an effective course of action; reason logically; exercise good judgment; effectively plan and engage in discovery, including depositions and interrogatories, and to compel production or attendance of/at same; independently prepare and present difficult and complex cases before boards, commissions, trial courts, and appellate courts; independently present difficult and complex cases before administrative bodies.

Legal