Overview

This is a reposted position. Prior applicants will need to reapply to be considered.

The starting salary for this position is limited to the recruitment range of $ 75,650 to $ 80,130. DOT funded. Salary determination is based on education, experience, departmental budget and equity considerations. This position is not subject to the Fair Labor Standards Act.


The primary responsibility of this attorney is to represent and advise the Department of Transportation on all environmental matters, including, but not limited to, issues arising from government enforcement actions against DOT, compliance with land, air, and water statutes and regulations, environmental permitting related to DOT projects and activities, OSHA, Dam Safety cases, and suits against DOT for alleged environmental violations.

  • prepares and litigates cases arising under state and federal environmental statutes, including but not limited to, OPHSCA, CERCLA, RCRA, NEPA, SEPA, CAMA, the Clean Air Act, the Clean Water Act, and Dam Safety.
  • assists DOT in negotiating and drafting contracts and settlement agreements related to site assessments and corrective actions at contaminated sites and in evaluating and appraising contaminated property required for highway purposes.
  • assists DOT in its relationships with state and federal environmental agencies (NC-DENR, US-EPA, US Army Corps of Engineers, and US Fish & Wildlife).

Environmental litigation typically is document-intensive that requires the review of thousands of pages of documents. The Attorney II must have a deep understanding of e-discovery and the ability to organize large volumes of documents. The ability to use electronic document review platforms is necessary.

Representation of the State in criminal appeals.

The Attorney II prepares briefs for the State in criminal appeals to the North Carolina Court of Appeals and Supreme Court. Preparation of the brief requires reading and summarizing a trial transcript, reading the defendant’s brief and the authority cited, researching relevant other authority and writing arguments on the questions raised. Some cases require preparation of petitions for further review by the Supreme Court or responses to such petitions, and, where the petition is granted, new briefs. Oral argument in the appellate courts may be ordered, necessitating additional preparation.

Miscellaneous duties.

The attorney approves, as to form, bid bonds and contracts for highway projects. This activity occurs routinely, with contracts being assigned on a rotation. Bid bonds are reviewed and approved in sessions that are held whenever and at the moment that the bonds are received in the Transportation Section. The attorney also handles miscellaneous research questions and cases, may involve litigation, and advises the Department of Transportation on miscellaneous matters as assigned.

This position requires a considerable knowledge of case, statutory, regulatory, and common law.
Considerable knowledge of civil procedure and the rules of evidence are required.
The attorney must be able to conduct civil litigation in the state and appellate courts. This requires highly developed skill in analyzing facts and evidence, interpreting and applying statutes, regulations, and case law, developing creative case strategy and tactics, and expressing legal arguments and conclusions clearly, concisely, and convincingly both orally and in writing.
The attorney must have the ability to establish and maintain effective working relationships with DOT employees at all levels, the judiciary, lawyers, and co-workers.

Licensed to practice law by the North Carolina State Bar and one year of professional legal experience. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.

Management preferences: experience with environmental litigation/issues, complex civil litigation, e-discovery and electronic document review.
Computer literacy is an important component of all DOJ jobs, we encourage you to apply electronically. All applicants must complete and submit a State application for employment using the NEOGOV Online Job Application System (http: www.oshr.nc.gov/jobs/) for the State of North Carolina.

To receive credit for your work history and credentials, you must list the information on the online application form. Any information not included on the application form cannot be considered for qualifying credit. Embedded or attached resumes are not accepted as a substitution for a completed application.

Credit for foreign degrees will only be given if verification of degree certification is attached. Transcripts for foreign degrees have to be evaluated by an organization like World Education Services to determine US equivalency.

Any licenses or certificates must be included in the appropriate section of the application form.
Applicants seeking Veteran’s Preference must attach a copy of their DD-214 or discharge orders.

The NC Department of Justice is an Equal Opportunity Employer. The NC Department of Justice uses Merit-Based Recruitment to select from among the most qualified applicants to fill positions subject to the State Human Resources Act. Once the position has been filled, all on-line applicants will be notified via the e-mail provided at the time of application.

CONTACT INFORMATION:
NC Department of Justice
Human Resources Office
Lisa Sasser, Recruitment Specialist
114 W. Edenton Street
Raleigh, NC 27603
919-716-6490

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