The Massachusetts Department of Environmental Protection (MassDEP) is the state agency responsible for ensuring clean air and water, the safe management of toxics and hazards, the recycling of solid and hazardous wastes, the timely cleanup of hazardous waste sites and spills, and the preservation of wetlands and coastal resources.

MassDEP seeks applicants for the position of Counsel II, Litigator. This position will be located at MassDEP's Headquarters in Boston, MA but will require travel to MassDEP's Regional Offices in Wilmington, Lakeville, Worcester and Springfield. Under the supervision of MassDEP's Deputy General Counsel/Litigation Manager the Counsel II shall serve as an Office of the General Counsel (OGC) representative performing legal work on all matters within the jurisdiction of MassDEP, with the principal emphasis on representing MassDEP as a litigator in adjudicatory proceedings before MassDEP's Office of Appeals and Dispute Resolution. (OADR).

Specific Duties for This Position Include, But Are Not Limited To, the Following:
  • Represent the Department in adjudicatory proceedings regarding MassDEP permit and enforcement decisions. Adhere to all applicable hearing deadlines and schedules; research case issues; devise litigation strategy and coordinate strategy with Department witnesses and Litigation Manager; prepare prehearing memoranda; file appropriate motions; assist in preparing Department's prefiled testimony; prepare Department witnesses for cross-examination at adjudicatory hearing; prepare and conduct appropriate cross-examination of witnesses who appear for opposing parties at hearing; and prepare post-hearing memoranda. Confer with Department staff to determine appropriateness of settlement; negotiate settlement with other parties and assist in drafting settlement agreements. Identify programmatic policy issues that could arise during or be impacted by a pending adjudicatory appeal and, where necessary, discuss such issues with appropriate Department staff and managers to facilitate Department decision-making;
  • Provide accurate, thorough and timely responses to legal questions posed by Department staff and other OGC attorneys on substantive and procedural law consistent with incumbent's training and experience;
  • Provide professional legal advice and coordination, as needed, to regional or bureau attorneys regarding statutory, regulatory, and policy matters consistent with incumbent's training and experience;
  • As assigned, provide mentoring and/or supervision to other attorneys (on a case-specific basis), legal interns or paralegals
  • Assist the Office of Attorney General (OAG) in defending the Department's permit and enforcement actions, including devising litigation strategy, preparing Department witnesses for hearing, and reporting case status to OGC Litigation Paralegal and/or Litigation Manager.
  • Assist with developing and conducting training for program staff on matters related to litigation, administrative law, environmental law, enforcement, evidence, and other functions of the Department;
  • As assigned, serve as Special Assistant Attorney General consistent with training and experience;
  • Respond appropriately to questions and requests for information from the public, local governments, and other state agencies:
  • Provide accurate, consistent and timely advice within applicable timelines, exercise best professional judgment in prioritizing cases and matters consistent with Department management requirements, and recognize and implement the relative priority and importance of cases and matters; and
  • Other related legal duties as assigned.

Preferred Work Experience:
Preferred Qualifications:
  • Excellent legal research and writing skills
  • Knowledge of and practice in administrative and environmental law
  • Prior negotiation and litigation experience
  • Ability to produce high quality work quickly with a minimum amount of supervision
  • Ability to handle a significant litigation caseload
  • Proficiency with the use and application of modern computer technology such as Microsoft Office products
  • Willingness to travel around the state
  • Excellent oral and written communication skills

First consideration will be given to those applicants that apply within the first 14 days.

Minimum Entrance Requirements: Applicants must have a Juris Doctor (JD) degree, admission to the Massachusetts Bar and (A) at least three years of full-time, or equivalent part-time, professional experience in the practice of law.

Incumbents may be required to have a current and valid Motor Vehicle Drivers License at a Class level specific to assignment.

Comprehensive Benefits
When you embark on a career with the Commonwealth, you are offered an outstanding suite of employee benefits that add to the overall value of your compensation package. We take pride in providing a work experience that supports you, your loved ones, and your future.

Want the specifics? Explore our Employee Benefits and Rewards!

Executive Order #595: As a condition of employment, successful applicants will be required to have received COVID-19 vaccination or an approved exemption as of their start date. Details relating to demonstrating compliance with this requirement will be provided to applicants selected for employment. Applicants who receive an offer of employment who can provide documentation that the vaccine is medically contraindicated or who object to vaccination due to a sincerely held religious belief may make a request for exemption.

An Equal Opportunity / Affirmative Action Employer. Females, minorities, veterans, and persons with disabilities are strongly encouraged to apply.

The Commonwealth is an Equal Opportunity Employer and does not discriminate on the basis of race, religion, color, sex, gender identity or expression, sexual orientation, age, disability, national origin, veteran status, or any other basis covered by appropriate law. Research suggests that qualified women, Black, Indigenous, and Persons of Color (BIPOC) may self-select out of opportunities if they don't meet 100% of the job requirements. We encourage individuals who believe they have the skills necessary to thrive to apply for this role.