Senior Counsel, Litigation Strategy

NRDC is a non-profit environmental advocacy organization. We use law, science, and the support of 3.1 million members and online activists to protect the planet's wildlife and wild places and to ensure the rights of all people to clean air, clean water, and healthy communities. NRDC was founded in 1970 and our people helped write some of America's bedrock environmental laws, including the Clean Water Act and many of the implementing regulations. Today, our team of more than 700 lawyers, scientists, economists, policy advocates, communications experts, and others work across the United States and the globe from our offices in Beijing; Chicago; New Delhi; New York; San Francisco; Santa Monica; and Washington, D.C.

POSITION SUMMARY

The Senior Counsel, Litigation Strategy, will lead the development of NRDC's capacity, strategy, and collaborations to address salient doctrinal developments, including those that affect NRDC's access to the courts, regulatory agencies' authority and discretion, and the relative balance of power among the several branches and levels of government. The Senior Counsel will also litigate significant cases on behalf of NRDC and outside partners, leading case teams and supervising the litigation work of others, with a focus on appellate practice. The Senior Counsel will participate in other Team-development or institutional work, as needed. The Senior Counsel reports to NRDC's Chief Litigation Officer or Senior Director, Litigation, and will collaborate with litigators throughout NRDC.

The position you are applying for is part of the bargaining unit represented by The Washington Baltimore News Guild (WBNG / The Newsguild-CWA Local 32035).

To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. Reasonable accommodations may be made to enable qualified individuals with disabilities to perform the following essential functions:

Litigation strategy (~50%)

Identify significant emerging legal doctrinal trends that may threaten or provide opportunities to advance NRDC's advocacy.
• Lead NRDC's development of litigation strategies to protect and advance the public's rights of access to the courts, the power of regulatory agencies and other branches of government to effectively protect the public interest, the relative balance of power among the several branches and levels of government, and other cross-cutting legal issues.
• Build capacity among NRDC litigators to identify and consistently address cross-cutting legal issues of concern, using tools ranging from informal consultation, to formal trainings, to the collection and dissemination of significant legal research.
• Support NRDC lawyers on specific matters that implicate doctrinal threats, including through support on specific issues and briefs.
• Collaborate and build relationships with other, allied organizations to develop shared strategies around doctrinal threats or opportunities and to inform Supreme Court practice.
• Supervise the work of other staff when they assist the Senior Counsel.

Active litigation and assistance with Team litigation (~45%)

• Litigate cases on behalf of NRDC and outside partners, with a focus on appellate practice and cases involving critical matters that implicate key doctrinal concerns or likely Supreme Court review.
• Manage all aspects of the case from initial development through briefing, oral argument, other court hearings, and appeals.
• Model and teach excellence in litigation on behalf of NRDC and outside partners.
• Supervise support staff and attorneys on case teams, providing guidance and support to achieve excellence while fostering growth and development.
• Collaborate with NRDC's experts to refine a litigation strategy that aligns with non-litigation advocacy.
• Develop and nurture relationships with NRDC's advocacy staff and outside allies to identify and develop potential litigation.

Other team collaboration or institutional engagement (~5%)

• Support other institutional efforts, including public communications around significant jurisprudential developments, judicial nominations, access to the courts, and the rule of law.
• Contribute to the life of the Litigation Team and the enhancement of NRDC's litigation capacity by serving on relevant institutional committees, presenting to NRDC members or staff, and engaging in development outreach.

The above list of duties is not comprehensive but generally demonstrates the types of matters under this position's responsibility. Other duties may be assigned.

Minimum Education & Experience:

• Juris Doctorate degree or equivalent.
• Admission to the state bar in the jurisdiction in which the applicant intends to practice.
• Minimum 12 years of litigation experience, including substantial experience with appellate litigation.
• Experience leading case teams.

Skills, Abilities, Competencies

• Excellent legal writing, research, analysis, and oral advocacy skills; an ability to engage in nuanced analysis, interpretation, and distinction of complex and sometimes conflicting legal authorities, evaluate an argument's impacts on the development of the law, and strategize beyond a specific case and participate in complex strategic decisions.
• Demonstrated competency in working with people with different social identities than the applicant's own (including race, gender, sexual identity or orientation, age, class, and disability).
• Ability to lead significant, complex cases, including large, multi-party coalition cases, overseeing all aspects of the case.
• A background in administrative or constitutional law, with broad knowledge of federal civil procedure and federal jurisdiction and appellate and Supreme Court practice.
• Ability to lead and inspire other litigators, mentor and support less experienced staff, build collaborative and respectful relationships within the Litigation Team and across NRDC, and foster a culture of dignity and belonging.
• Creativity, resourcefulness, and humility.
• Ability to travel occasionally to other NRDC U.S. offices and to attend court hearings and other case-related meetings.
• Demonstrated commitment to public service, equity, or social justice.
• Commitment to NRDC's mission, values, and DEI principles.

PHYSICAL DEMANDS

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this position. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions of this position within the described work environment.

Frequently: Perform desk-based computer tasks

Frequently: Ability to interact and communicate with employees and others as necessary

Frequently: Attend planned meetings and collaborate with management and coworkers

Occasionally: Ability to attend events and activities in the office or offsite

Work is sometimes performed in office. The noise level in the work environment is usually quiet in office settings and moderate in other situations. Hours of employment may sometimes require working flexible and/or longer hours, including nights and weekends, when necessitated by projects. The job includes work-related situations such as those involving challenging, important, urgent, time-sensitive, or multiple matters.

NRDC is committed to advancing diversity, equity, and inclusion, both in our work and in our workplace. We believe that celebrating and actively welcoming diverse voices and perspectives is essential to solving the planet's most pressing environmental problems, and we encourage applications from candidates whose identities have been historically under-represented in the environmental movement.

We are an equal opportunity employer and do not discriminate in hiring or employment on the basis of race, color, religion, gender, gender identity or expression, marital status, sexual orientation, national origin, citizenship, age, disability, veteran status, or any other characteristic protected by federal, state, or local law. Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.

We offer competitive salaries, excellent benefits, and a supportive working environment. Salary is based on a nonprofit scale and is commensurate with skills and experience. Internal equity will be reviewed and considered to determine a final offer. For this position, the salary range is $170,000 to $192,000.

NRDC operates under a hybrid work model. Employees are required to come to the office 8 days per month.

As a science-based organization, NRDC aims to do our part to help contain the COVID-19 public health crisis. For the sake of health, safety, and equity, we ask that people be vaccinated unless they have an approved medical or religious accommodation or other exemption in accordance with state and local law. We consider a person to be vaccinated two weeks after receiving one full course of a CDC-approved vaccine. In accordance with state or local law, new hires will be asked to attest to vaccination, those wishing to do so may request medical or religious accommodations or other exemptions via NRDC Employee Relations. NRDC treats all vaccine-related data confidentially, in keeping with local, state, and federal laws.

To apply, visit www.nrdc.org/careers and upload your resume and cover letter. Please mention where you saw this posting and upload any additional materials that showcase your abilities. Due to the high volume of applications, we will contact only those candidates we would like to interview. Please no phone calls, emails, or in-person resume drop-offs.

If you experience technical problems while applying or if you are a person with a disability and need assistance applying online, please reach out to iCIMS Customer Care at 1-800-889-4422.

For more about NRDC, visit www.nrdc.org.