Two-Year Senior Counsel, Appellate Enforcement

Earthjustice seeks a Special Counsel to join our Enforcement Team to focus on legal issues that arise in the context of Earthjustice’s citizen suit practice. Earthjustice brings such suits under the Clean Air Act, Clean Water Act, Endangered Species Act, and other federal environmental statutes. Our partner organizations also bring these suits, in many different courts around the country. These suits increasingly implicate legal issues that present appellate risk, including standing, remedies, and executive branch power. Counsel for polluting defendants are demonstrating a new willingness to raise arguments that request profound shifts in legal doctrine.

The position sits within the Enforcement team and reports to its Director. The work will typically involve issues and priorities that Director identifies in collaboration with the Director of Strategic Legal Advocacy. The work will include tracking citizen suits broadly, identifying high-risk arguments or cases, and assisting other environmental NGOs that are considering or actively litigating citizen suits. The work will be fast-paced and cutting-edge and can range from counseling, in-depth research, developing and filing amicus briefs, and litigating cases.

This is a two-year term position. Extensions of six months are possible by mutual agreement. Candidates must be willing to work a hybrid in-office schedule from one of Earthjustice’s fifteen offices.

Responsibilities:

• Develop processes to track ongoing citizen suit litigation to identify cases of interest.
• Based on that tracking, identify areas of coordination or research for Earthjustice to pursue and carry out that work.
• In collaboration with partner organizations, draft amicus briefs in citizen suit appeals that implicate important or evolving doctrinal arguments.
• Advise trial teams — both internal and external — on case strategy, issue preservation, and record development relevant to appellate review, including potential stay proceedings.
• Provide capacity to serve, when requested, as counsel in appeals of citizen suit cases, including by participating in substantive motions practice briefing in the district court in cases where appellate proceedings are anticipated.
• Work with the Strategic Legal Advocacy Program to deepen their capacity to address constitutional challenges to citizen suits.

Qualifications:

• J.D. and admitted or willing to seek admission to practice law wherever located.
• At least 7 years of legal experience, with substantial experience as lead drafter of appellate briefs. Appellate argument experience and a state or federal appellate clerkship are strongly preferred.
• Familiarity with constitutional litigation and an interest in environmental litigation. Enforcement experience is not required.
• Ability to work as collaborator with trial teams and co-counsel, as well as the interpersonal skills to advise clients and external litigators on strategies for achieving their goals without creating conflict.

We offer a mission- and employee-focused work environment and a competitive compensation package, including excellent benefits. Earthjustice is an equal opportunity employer and highly values diversity. As a 501(c)(3) organization, Earthjustice is a qualifying employer for purposes of the Public Service Loan Forgiveness (PSLF) Program.

Salary depends on experience and location.

Salary range in San Francisco, CA or New York, NY: $180,100- $222,800

Salary range in Seattle, WA, Washington, D.C., Chicago, IL, Los Angeles, CA: $171,100- $211,700

Salary range in Alaska, Denver, CO, Philadelphia, PA: $162,100- $200,500

Salary range in Texas, Florida, Bozeman, MT, New Orleans, LA: $153,100- $189,400

For litigators and advocates committed to saving the planet and the people who depend on it, Senior Attorney at Earthjustice is the best job on the planet. Learn more about our Senor Attorney careers and work online here:

Earthjustice is driven by a passion for justice, partnership and excellence. Our core values lead us to seek a broad range of perspectives and backgrounds to achieve our mission and to maintain an inclusive environment where all staff are valued and respected. As an equal opportunity employer, we are committed to employment practices that ensure that employees and applicants for employment are provided with equal opportunities without regard to race, color, national origin, ancestry, sex, age, religion, physical or mental disability, medical condition, veteran status, marital status, pregnancy, sexual orientation, gender identity, gender expression, genetic information or any other factor that is not related to the position.

For positions located within the City and County of San Francisco: Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.

For positions located within the City of Los Angeles: We will consider qualified applicants with criminal histories in a manner consistent with the Los Angeles Fair Chance Initiative for Hiring.