Trial Attorney for Appellate Matters - Environmental Defense Section (Open Continuous)

About the role

The Environmental Defense Section (EDS) is seeking attorneys to specialize in defending against 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) that are filed as petitions for review in the courts of appeals under Federal Rule of Appellate Procedure 15.

These positions will also provide the opportunity, if desired, to work on select district court matters from the Section's docket.

What you will do

• This is an OPEN CONTINUOUS ANNOUNCEMENT that will remain open until April 5, 2027.
• Applications will be accepted on an ongoing basis, and positions will be filled when the need arises or as vacancies occur to meet immediate and future hiring needs.
• This announcement may be amended to extend the deadline or close early without prior notice at the discretion of the organization, based on administrative or operational needs.
• Candidates are encouraged to submit their materials promptly.
• The duty location is Washington, DC, or Denver, CO.
• This is not a remote position.
• The Energy and Natural Resources Division (ENRD) is the nation's largest and most experienced environmental law firm and is consistently ranked among the federal government as a good place to work.
• The Environmental Defense Section (EDS) is one of the only DOJ components whose attorneys routinely handle cases in the federal courts of appeals and district courts.
• EDS defends the United States in petitions for review brought in the courts of appeals pursuant to special statutory judicial review provisions of the environmental statutes and also handles a wide range of district court litigation, including claims for judicial review pursuant to the Administrative Procedure Act.
• The substance of these cases ranges, for example, from high-profile, multi-party challenges to national EPA rules (such as greenhouse-gas regulations and standards for toxic chemicals) to more targeted challenges to site-specific agency decisions.
• EDS is soliciting applications for trial attorney positions specializing in our petition for review appellate practice.
• Selected applicants will handle all stages of petition for review litigation in the courts of appeals, from preliminary motions practice through merits briefing and oral argument.
• While larger cases often are staffed with a small team of attorneys, most matters are handled by a single attorney.
• A significant portion of EDS petitions for review are filed in the D.C. Circuit, but the Section typically handles petitions for review in all the federal judicial circuits nationwide.
• The Section's petition for review appellate litigation will be the priority and focus of the selected applicants' assignments, but as workflow and other demands allow, there will also be opportunities, if desired, to handle select matters arising in the Section's district court docket as well.

Education

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 *** 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 *** All documentation must be in English or include an English translation. ***

How you will be evaluated

Resumes will be reviewed on an ongoing basis. Candidates may be contacted for interviews based on the organization's interest and vacancy availability.

Veterans: There is no formal rating system for applying veteran preference to attorney appointments in the excepted service; however, the Department of Justice considers veteran preference eligibility as a positive factor in attorney hiring.

Applicants eligible for veteran preference must include that information in their resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions.

Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, *** for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s).

Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that his or her retirement was due to a permanent service-connected disability or that he/she was transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).

Documents you must provide

• Applicants wishing to claim veteran's preference must indicate their status in their cover letter and attach a DD-214 (Member 4 copy) to the submission email.
• Your resume MUST include full employment information such as periods of employment with month/year started and ended, title of position(s), FT or PT hours worked, and description of duties.
• If you have Federal employment, you must include the grade of the positions(s).
• Do not include the following types of information in your profile or resume: Classified or government sensitive information Social Security Number (SSN) Photos of yourself Personal information, such as age, religious affiliation, etc. Encrypted and digitally signed documents If your resume includes a photograph or other inappropriate content, you may not be considered for this vacancy.

What to expect next

We will confirm receipt of your email application. Your application will be retained in an active pool of candidates upon submission. There is no set schedule for applicant reviews.

Your application could be reviewed within days of submission or it could remain in the pool until a matching need arises during the open period of this announcement.

Additional information

Attorney positions within the U.S. Department of Justice are in the Excepted Service. Vacancies are filled using an alternative hiring process through an open continuous announcement. Appointments under this authority do not confer competitive status for transfer to the competitive service.

Veterans Preference: There is no formal rating system for applying veteran's preference to attorney appointments in the excepted service; however the Energy and Natural Resources Division considers veteran's preference eligibility as a positive factor in the hiring process.

Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation.

Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.

EEO Statement/Policy: The United States government does not discriminate in employment on the basis of race, color, religion, sex, pregnancy, national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service or other non-merit factor.

More information can be found here: *** DOJ Reasonable Accommodation Policy: Federal agencies must provide reasonable accommodation to applicants with disabilities where appropriate. Applicants requiring reasonable accommodation for any part of the application and hiring process should contact the hiring agency directly.

Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

The DOJ Reasonable Accommodation policy can be found here: *** Selective Service: If you were born male, on or after December 31, 1959, you must certify that you have registered with the Selective Service System or are exempt from having to do so under the Selective Service Law.

Additional information is found at: ***

Fair Chance to Compete for Jobs: Unless otherwise required by law, the Fair Chance to Compete for Jobs Act prohibits employees of the U.S. Department of Justice or a federal contractor acting on its behalf from inquiring about an applicant's criminal history record, either in writing or orally, before that individual receives a conditional offer of employment.

Applicants who believe they have been subjected to a violation of the Fair Chance to Compete for Jobs Act, may submit a written complaint within 30 days of the date of the alleged non-compliance directly to the hiring office using the contact information listed in the announcement.

Please Note: Additional candidates may be selected if more positions become available in the Division within 90 days after HR office issues the certificate of eligibles.