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

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.

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.

You will be evaluated for this job based on how well you meet the qualifications above.

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, www.opm.gov/forms/pdf_fill/SF15.pdf 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).

25% or less - You may be expected to travel for this position.

The Department remains steadfast in its commitment to equal employment opportunity (EEO) and treating employees with fairness, dignity and compassion. We must ensure that no applicant for employment or employee of our Department is denied equal opportunity because of race, color, religion, national origin, sex – including pregnancy – or because of age, physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor and that all have the freedom to compete on a fair and level playing field. To learn more, please view the Department’s full Equal Employment Opportunity Policy Statement .

This agency provides reasonable accommodation to applicants with disabilities where appropriate. If you need a reasonable accommodation for any part of the application and hiring process, please notify the agency. Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs .

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.

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. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://help.usajobs.gov/working-in-government/non-citizens ). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis.

There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or 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, www.opm.gov/forms/pdf_fill/SF15.pdf 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 their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).