Closing Date: 20th May, 2024

Description:

The WA State Attorney General Office's Environmental Protection Division (https://www.atg.wa.gov/environmental-protection-division) has a rare opening for a managing attorney to develop and litigate significant environmental lawsuits in an exciting, creative, fast-paced environment, and to supervise a team of dedicated, talented attorneys.

Duties:
This attorney will supervise a team of four attorneys developing and litigating civil lawsuits to protect Washingtonians and our environment. The Environmental Protection Division has led high-impact, innovative environmental enforcement matters, including the state's suit against manufacturers of PFAS-laden firefighting foam products (https://www.atg.wa.gov/news/news-releases/ag-ferguson-files-lawsuit-against-20-manufacturers-forever-chemicals); against Monsanto for PCB damages (https://www.atg.wa.gov/news/news-releases/monsanto-pay-record-95-million-end-ferguson-s-lawsuit-over-pcbs); against a gold mining company for thousands of violations of the Clean Water Act (https://www.atg.wa.gov/news/news-releases/court-rules-gold-mining-company-violated-law-more-3000-times-okanogan-county); and against the Hanford nuclear facility (https://www.atg.wa.gov/news/news-releases/ag-s-hanford-worker-safety-lawsuit-leads-big-win-workers) for worker exposure to tank vapors. EPD has also led high-profile litigation against the federal government to defend environmental protections against regulatory rollbacks, including suits to stop oil and gas drilling in the Arctic National Wildlife Refuge (https://www.atg.wa.gov/news/news-releases/ag-ferguson-leads-lawsuit-protect-america-s-arctic-national-wildlife-refuge-oil); challenging the rollback of regulations implementing the National Environmental Policy Act (https://www.atg.wa.gov/news/news-releases/washington-leads-lawsuit-against-trump-administration-illegally-sabotaging), and to stop the resumption of coal mining on federal lands (https://www.atg.wa.gov/news/news-releases/ag-ferguson-sues-trump-administration-over-abrupt-reversal-coal-leasing-public) without sufficient environmental study.

Our attorneys bring cases arising under state or Federal law, and which may relate to a wide range of environmental and environmental justice topics, such as water and air quality, habitat protection, toxic chemicals, climate change, and worker safety. We often collaborate closely with other divisions in the Attorney General's Office, environmental and natural resource agencies at the Federal, state, and local level, and community stakeholders. Environmental justice is a core value in our Division, and work on matters with EJ implications is a plus. We especially value applicants with familiarity and experience with environmental law, the Consumer Protection Act, or SEPA.

Managing attorneys are members of the Environmental Protection Division's Leadership Team, and participate in setting investigation and litigation priorities, mentoring newer lawyers, and managing the four attorneys on their team.

Duties typical of attorneys within the division include:
  • Directing and assisting in investigations and case development;
  • Developing creative litigation strategies to address complex legal issues;
  • Drafting pleadings, motions and memoranda from initial filing through post-judgment proceedings;
  • Developing federal administrative matters, including by drafting comments on federal rulemakings and other actions and filing challenges to federal decisions.
  • Representing the AGO in public settings on matters that may be of a sensitive or high-profile nature;
  • Conducting all aspects of discovery; and
  • Motions practice, trials, and participating in post-trial proceedings including any appeals.

Qualifications:
In addition to meeting the requirements to serve as an Assistant Attorney General, six or more years of civil litigation experience are required, although more are preferred. Other required qualifications include:
  • Demonstrated ability to foster teamwork and collaboration and promote a positive work environment that recognizes and respects all employees;
  • Ability to maintain productive working relationships across the division and with stakeholders, helping to identify and resolve problems;
  • Experience in a full range of discovery and motions practice;
  • Strong analytical, research, and writing skills;
  • Excellent judgment;
  • Experience successfully handling multiple time-sensitive assignments; and
  • Commitment to help create a diverse, equitable, and inclusive workforce and culture that encourages and celebrates difference.

As noted above, familiarity and experience with pollution-related torts such as nuisance, citizen suits under federal environmental law, the Consumer Protection Act, or SEPA is highly desirable. Experience investigating and litigating matters with environmental justice implications is also a plus.

These positions require occasional statewide travel, including overnight trips. Out-of-state travel may also be required.

To serve as an Assistant Attorney General, one must have graduated from a law school accredited by the ABA or completed the WSBA's Rule 6 Law Clerk Program; and be licensed to practice law in Washington state. (Applicants who meet the other stated qualifications and are actively pursuing admission by motion will also be considered.) The AGO seeks applicants who are committed to public service as demonstrated by an applicant's background, talents, attitude, and enthusiasm for public law practice. The AGO greatly encourages, celebrates and values diversity, appreciating that a workforce composed of those from different backgrounds and experiences creates an inclusive environment, strengthens positive relationships with the local community and brings new perspectives and approaches to fulfill its mission of providing excellent, independent and ethical legal services to the State of Washington and protecting the rights of its people.

Note! The selected applicant will be required to submit to and pass a fingerprint-based criminal background check conducted by the Washington State Patrol. The incumbent will submit to additional background checks as a condition of employment every five (5) years thereafter.