Senior Attorney​/Assistant Attorney - NY HELPS

Overview

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 Investment and Market Programs Section. The Senior Attorney will primarily provide legal support for the ongoing implementation of the State's Climate Change Superfund Act (S.2129-B) (Climate Superfund Act). Such work will include the development and subsequent enforcement of regulations to establish a program by which past polluters are identified and required to submit payments to fund essential infrastructure projects to prepare the state for the devastating effects of climate change.

The successful candidate will be responsible for providing legal counsel regarding regulations, programs, and policies to implement and enforce the statutory directives contained in the Climate Superfund Act. Such implementation may also include representing the New York State Department of Environmental Conservation (Department) in various administrative proceedings involving Department regulations, programs, and policies.

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 Investment and Market Programs Section. The Senior Attorney will primarily provide legal support for the ongoing implementation of the State's Climate Change Superfund Act (S.2129-B) (Climate Superfund Act). Such work will include the development and subsequent enforcement of regulations to establish a program by which past polluters are identified and required to submit payments to fund essential infrastructure projects to prepare the state for the devastating effects of climate change.

The successful candidate will be responsible for providing legal counsel regarding regulations, programs, and policies to implement and enforce the statutory directives contained in the Climate Superfund Act. Such implementation may also include representing the New York State Department of Environmental Conservation (Department) in various administrative proceedings involving Department regulations, programs, and policies.

With respect to the implementation of the Climate Superfund 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 and enforcement matters. This will include, but is not limited to, providing statutory interpretations, ensuring compliance with relevant requirements with respect to rule making, 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 rule makings and programs, such as Climate Superfund Act, Clean Air Initiative, Regional Greenhouse Gas Initiative, and implementation of such regulations and programs. Additionally, the Senior Attorney will provide advice to Department staff interpreting relevant portions of the Environmental Conservation Law. The Senior Attorney may also be called upon to assist with rule makings and other projects within the program areas of the Bureau of Climate, Air, and Energy.

The description of the duties for this position and approximate percentage of time for each duty follows.

Responsibilities

• 30% Legal Advice - Provides timely legal advice to Department programs, Executive staff, and Office of General Counsel management regarding climate change, air resources, and energy-related matters, as assigned.
  • Acquires and maintains foundation in applicable State and federal laws, rules, and regulations, Department policy, and applicable State and federal decisions.
  • Meets with the Section Chief for Climate Investment and Market Programs and Bureau Chief, and other Office of General Counsel management to discuss legal issues.
  • Meets with Office of Climate Change, Division of Air Resources, 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 Change Superfund Act, Climate Leadership and Community Protection 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…