Environmental Law Specialist

Oregon Department of Environmental Quality

ENVIRONMENTAL LAW SPECIALIST

$47,556 - $69,600/Year
Close: September 29, 2008
Announcement number: LE080362
Location: Portland

 

The Department of Environmental Quality is recruiting to fill a full-time, permanent Environmental Law Specialist position with the Office of Compliance and Enforcement (OCE) located in Portland.

The purpose of this position is to analyze and evaluate case facts and evidence, review the violator's compliance history, refine cases and develop appropriate strategy, write legal documents to initiate the formal enforcement process, prepare cases for contested case hearings, act as Department lay representative in contested case hearings, meet with violators and/or their attorneys, negotiate settlements and draft legal documents incorporating terms of settlement, provide compliance and enforcement advice and training to Department staff. Represent DEQ in appeals to the Environmental Quality Commission; assist in drafting press releases, and provide information to the Director, media or legislature upon request.

 

TO QUALIFY

Your application will be reviewed to verify that you meet the qualifications stated in this section. To receive credit, your application form must CLEARLY show that you have:Two years of full-time experience in environmental and natural resource law, analyzing, researching, drafting legal documents, and interviewing clients and an Associates degree as a Legal Assistant or completion of a Paralegal Program;

ORA JD degree with an emphasis in environmental and natural resource law. (NOTE: You must submit a copy of the Statement of Completion, signed by the dean of the Law school you attended in order to qualify under this option);

ORA JD degree and one year of full-time experience in environmental and natural resource law, analyzing, researching, drafting legal documents, and interviewing clients;

ORFour years of experience in an environmental program drafting or preparing formal enforcement actions (civil penalties and orders) against violators of statutes, rules, and permits.

NOTE: If you have been in a general law practice in which you were responsible for cases involving environmental and natural resource law, you must specify the percentage of time involved and the nature of your work with such cases.

 

DUTIES AND RESPONSIBILITIES

As an Environmental Law Specialist, you will have the opportunity to perform the following duties, among others:

 

CASE EVALUATIONAnalyze and evaluate enforcement case referrals to determine if adequate evidence and information is presented to support a formal enforcement action (FEA);Analyze evidence to determine whether it supports the legal elements of applicable statutes, regulations and/or permit conditions necessary to prove each proposed violation;Perform legal research regarding agency policy and other documents;Conduct witness interviews;Evaluate case deficiencies in terms of evidence and/or legal enforceability, discuss with investigator/inspector or management, and work with the investigator/inspector to gather information or evidence necessary to remedy case deficiencies;Analyze cases to determine if they should be recommended for criminal prosecution.



CASE DEVELOPMENTCompare and analyze assigned cases with similar past cases to assure that FEAs are consistent;Determine the classification of each violation and/or assure the investigator/inspector has properly classified violations, and has followed the Department’s Enforcement Guidance;In drafting civil penalty assessments, determine appropriate civil penalty by analyzing case facts and evidence to: 1) evaluate the magnitude or seriousness of each violation and aggravating or mitigating factors, and; 2) ensure proper placement and weighing of the facts in accordance with the Department's penalty determination procedures;Prepare/draft documents, including letters, notices of permit violation, civil penalty assessment notices, Department orders, and settlement documents necessary to execute the enforcement strategy.



CASE FOLLOW-UPEvaluate violator response to a FEA and recommend to management if a case should be settled, withdrawn, or set for hearing;Respond to requests for information from the media and the legislature and assist in drafting of press releases and responses to requests under the Public Records Act;Coordinate settlement meetings with violator or attorney and Department staff;Conduct settlement discussions and negotiate settlement of contested cases with violator or attorney, including explaining regulations and actions necessary to achieve compliance;Evaluate settlement offers from violators or attorneys and advise management whether offers should be accepted or rejected;Prepare and draft formal settlement documents, including the settlement agreement and memo analyzing information pertinent to the settlement, for formal review and approval;Assist violators in developing an acceptable Supplemental Environmental Project;Monitor violator’s timely completion of supplemental environmental projects;Work with Department of Justice to obtain injunctive relief when necessary;Interview witnesses, prepare subpoenas, draft and file motions, organize witness testimony and exhibits, and represent the Department in contested case hearing as a Lay Representative;Analyze proposed orders issued by the administrative law judge and recommend whether the Department should appeal to the Environmental Quality Commission;Write briefs and presents oral argument to Environmental Quality Commission on appeal.



TECHNICAL ASSISTANCE AND OTHER DUTIESReview proposed rules and recommend rule changes;Assist department staff in developing case strategies;Advise staff in the use and interpretation of the Department's enforcement procedures and rules;Train Department staff on elements of a complete enforcement case referral;Write amendments to DEQ's enforcement rules, and present proposed rules for adoption. 

TEST SECTION

In order to be considered for this position, your answers to the following test questions MUST accompany your application.

Please use a separate sheet of paper, and limit your answers to no more than one page per question. Describe any work experience (paid or unpaid) and training that you have which is related to each question. Be sure that the jobs where you gained the experience are listed in the Work History sections of your application. Your score will be based upon your answers. Attach the answer sheets(s) to your application. Your application will not be accepted if it is incomplete.Describe your experience in interpreting and applying laws, regulations, and permits to varied environmental situations. Be explicit about what kind of statutes, regulations, and permits you interpreted and applied.
 Describe your experience in organizing and analyzing multiple sources of information to determine a recommended course of action. Be sure to describe your analytical process and to whom you were making these recommendations.
 Describe your experience preparing, or assisting in the preparation of, correspondence and legal documents. Describe how you determined the tone of the documents, how you decided content for the documents, and how you ensured that it met high standards for accuracy, spelling and grammar.
 Describe any experience you have in negotiating, or assisting in negotiating, settlements of disputed claims or contested cases, including how you handled potentially hostile situations. Be specific in identifying your level of responsibility and the types of parties (e.g., corporations, government, individuals, etc.) for which you acted as advocate. 

WORKING CONDITIONS

In this position, you will have the opportunity to travel occasionally for contested case hearings, meetings, and training; therefore, you must have a valid driver’s license and a good driving record. If not, you must be able to provide an acceptable alternate method of transportation.

 

HOW TO APPLY

OBTAIN and submit a State of Oregon Employment Application (form PD-100), along with your answers to the “Test” section above to:
Department of Environmental Quality
Human Resources Office
811 SW Sixth Ave.
Portland, OR 97204

The PD-100 form may be downloaded at: http://www.oregonjobs.org/DAS/STJOBS/stjobsapplication.shtml#Standard_Application__PD100_
If you have a disability and need assistance completing the PD-100 application form, you may call DEQ Human Resources at (503) 229-5382 or via the Oregon Telecommunications Relay System (OTRS) at 1.800.735.1232 between the hours of 8:00 a.m. and 5:00 p.m. You may FAX application materials, to (503) 229-5787 or email them to job@deq.state.or.us . Application materials must be received by the close date and must be complete and legible.

PLEASE SUBMIT only the required materials. Reference letters or work examples should be kept for interviews.

 

KEEP a copy of your application for job interviews. COPIES ARE NOT PROVIDED. The pay on all announcements may change without notice.

 

UNION - This classified position is included in the employees' bargaining unit represented by American Federation of State, County, and Municipal Employees Local 3336.


CURRENT job openings at DEQ are available by calling the JOBLINE at (503) 229-5785, twenty-four hours a day, seven days a week, or via the Internet at DEQ’s website at: http://www.deq.state.or.us/msd/hr/jobs.asp OTRS access is available at 1.800.735.1232 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

 

APPLICATION MUST BE RECEIVED BY 5:00 P.M. ON SEPTEMBER 29, 2008
AN EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER