Natural Resources Attorney

Division Overview\:

The Natural Resource Damage Program (NRDP), administratively attached to the State's Attorney's Office within the Montana Department of Justice, is responsible for recovering damages for natural resources injured by the release of hazardous substances and oil and implementing natural resource restoration with the recovered funds

The NRDP has 12 full-time employees (currently two attorneys, six scientists, and three administrative/fiscal/contract staff) and was originally created in 1990 to prepare and litigate the State’s natural resource damage lawsuit against the Atlantic Richfield Company (ARCO) for injury to natural resources in the Upper Clark Fork River Basin (UCFRB). In addition to the ARCO natural resource damage lawsuit and settlements, the State has also initiated and settled other lawsuits that have resulted in the State receiving additional settlement funds for restoration activities at other sites, including the Upper Blackfoot Mining Complex, East Helena Smelter site, the 2011 Yellowstone Oil Spill, Libby Asbestos, and the Bridger Yellowstone River 2015 spill. To learn more, see https\://dojmt.gov/nrdp/

Job Overview\:

The NRDP Attorney provides legal support for implementing restoration actions using settlement funds, including projects such as improving instream flows, fish passage projects, preventing entrainment (installing fish screens), excavating contaminated material, restoring wetlands, streams, and stream banks, habitat enhancement, and constructing recreational amenities (fishing access sites and trails). Restoration projects are intended to restore, replace, rehabilitate or acquire the equivalent of natural resources and services that were injured. This position also represents NRDP in complex settlement negotiations and, if necessary, litigation involving natural resource damage (NRD) claims in bankruptcy and federal courts.

New natural resource damage claims and implementation of restoration actions are often high profile and technically complex. The new cases require specialized expertise in environmental and natural resource damage negotiation/litigation, while implementation requires detailed knowledge of State or Montana procurement/contracting. The successful applicant must have this existing knowledge or the ability to develop this expertise.

Contracting/Other Support for Restoration Implementation\:

Works with entire NRDP staff, including scientists, engineers, and admin/procurement staff, and advises on legal issues involving restoration implementation in accordance with restoration plans for existing settlements. A significant focus of this position is in contracting (construction and otherwise) and ensuring compliance with State of Montana procurement law. Each year, NRDP implements multiple, high-value construction projects using settlement funds. NRDP performs nearly all of its procurement in-house and involves attorneys throughout the procurement process. An ability to consistently comply with State of Montana procurement law is important to ensuring that NRDP maintains the ability to implement our own procurement.

This position requires a strong and consistent attention to detail when reviewing construction bid packages and other documents.

The successful applicant must have existing knowledge of Title 18 or the ability to develop this expertise.

NRD Assessment, Negotiation and Litigation\:

Analyzes legal and factual information to develop and identify critical issues and the merit of those legal issues. Advises and assists the Chief Legal Counsel, Program Administrator, Environmental Program Manager, and the Governor's Office in deciding whether to initiate and how to conduct or settle legal proceedings. Coordinates with co-trustees in federal and tribal governments, the lead agency for remedy (DEQ and EPA), and other state agencies.

Devises and decides case strategy to maintain consistency and organization of various complex case elements, both legal and factual, during a process that may last several years. Provides legal drafting and review of documents related to natural resource damage claims, such as preassessment screens, assessment work plans, and bankruptcy proofs of claim and associated pleadings. Works with appropriate staff and other state agency employees as well as NRDA consultations in pursuing the claim, whether through mediation, in bankruptcy proceedings, complex negotiations, or less commonly, litigation.

Advises and assists the Chief Legal Counsel in developing and implementing effective negotiating strategies in order to settle the State's NRD and related claims. Advises the Chief Legal Counsel and the Governor's Office on the effects of any proposed settlement offer. Prepares and reviews settlement agreements and other related documents.

Throughout the process of assessing natural resource damage claims, settling or litigating the claims, and through implementing the restoration actions, the NRDP Attorney will need a working knowledge of the CERCLA/OPA/state law requirements of remedy and strategies for integrating/coordinating restoration with remedy (either existing or the ability to learn this information). Applicants without CERCLA and negotiating experience may be considered on a case-by-case basis, with a demonstrated aptitude for learning new areas of law, interest in environmental law, and strong organizational and project management skills.

The successful applicant must have the ability to track multiple issues for negotiating over a many-year period.

Restoration Planning\:

Works with entire NRDP staff on legal issues involving restoration planning for claims that have settled and require a restoration plan prior to implementation. This requires specialized knowledge in NRD law and regulations (either existing or the ability to develop this expertise). Provides legal assistance in MEPA compliance, restoration alternatives development and selection, as well as assisting with legal matters in the development and review of restoration plans and amendments.

This position is open until filled. First review of candidates will be on 11/30/2026.