Legal Careers
Trial Attorneys (Reimbursable Details), Environmental Torts Litigation Section
This is a 6-month reimbursable remote assignment with the possibility of extensions. Applicants should receive supervisory approval before applying.
The Environmental Torts Litigation (ETL) Section, Civil Division, U.S. Department of Justice defends the government in property damage, wrongful death, and personal injury cases, involving toxic substances in the environment, the workplace, and government-owned housing.
The cases typically stem from alleged exposure to environmental contaminants, such as biological agents, chemicals, and other substances. They also involve complex issues of causation, novel issues of federal and state law, and numerous expert witnesses. Given its unique expertise, ETL has primary litigation responsibility for all suits brought against the United States under the Federal Tort Claims Act where the alleged injuries/damages are attributed to some form of an environmental contaminant. Many of ETL’s cases are litigated as mass torts or multidistrict litigation matters. Mass tort cases being litigated by ETL relate to: alleged damage to water systems and personal injury claims due to the military's use of per-fluorinated compounds in firefighting; personal injury claims stemming from EPA's oversight of state and local entities involved in the Flint water crisis; damages alleged to be caused by a jet fuel leak from the Navy’s underground Red Hill Bulk Storage Facility near Pearl Harbor, HI; and damages from alleged contamination and remediation at Hunters Point Naval Shipyard.
ETL is also responsible for defending cases filed under the “Honoring our Promise to Address Comprehensive Toxics Act of 2022,” which included the “Camp Lejeune Justice Act of 2022.”
As the federal agency whose mission is to ensure the fair and impartial administration of justice for all Americans, the Department of Justice is committed to fostering a diverse and inclusive work environment. To build and retain a workforce that reflects the diverse experiences and perspectives of the American people, we welcome applicants from the many communities, identities, races, ethnicities, backgrounds, abilities, religions, and cultures of the United States who share our commitment to public service.
The Civil Division is seeking attorneys to serve on reimbursable full-time details to ETL for a period of six months, potentially renewable for a second six-month period by agreement between Civil Division and the originating agency or office.
ETL defends the United States in complex, high stakes civil litigation in federal courts nationwide. Its attorneys directly handle all aspects of wrongful death, personal injury, and property damage cases that often involve hundreds, even thousands, of plaintiffs. Handling complex jurisdictional questions, devising creative case-management solutions, and analyzing overlapping issues of history, law, and science are often the norm for ETL attorneys.
ETL is handling the Camp Lejeune Justice Act of 2022 (CLJA) litigation, which is a fast-moving litigation that is a high priority for the Department of Justice. The CLJA is a part of the “Honoring our Promise to Address Comprehensive Toxics Act of 2022” (PACT Act), which was signed into law on August 10, 2022. The CLJA seeks to provide compensation to individuals who were injured as a result of exposure to contaminated water at Camp Lejeune. It has been reported that as many as one million individuals may have been exposed to contaminants in Camp Lejeune water. Currently, more than 1895 lawsuits are pending in the Eastern District of North Carolina and approximately 323,135 administrative claims have been submitted to the Navy. The cases present interesting issues of scientific and medical causation.
The judges of the Eastern District of North Carolina established a Track System for handling the discovery in these cases. Five diseases will be litigated under Track One. ETL is currently completing fact and expert discovery for 25 Track One Plaintiffs, and trials are expected to begin in 2025. Discovery for Tracks Two and Three diseases could begin while Track One is underway. Among other responsibilities, detailees will be taking and defending fact (plaintiffs, family members, employers, treating physicians, etc.) and expert depositions; working with expert witnesses on reports; assisting with discovery matters and motions; and possibly assisting with trials. The issues will include whether and to what extent the plaintiff was exposed to contaminated water at Camp Lejeune, whether the plaintiffs’ medical history makes it as likely as not that the claimed illness was caused by water exposure, and whether and to what extent the plaintiff has suffered damages as a result of the alleged injury.
This work will be fully remote. Travel will likely be required to take the depositions.
Applicants must have a J.D. degree, be an active member of the bar (any U.S. jurisdiction), and have at least one year of post-J.D. legal or other relevant experience. Applicants should also have excellent academic credentials and outstanding advocacy and legal writing skills. Experience drafting and arguing motions, handling discovery, taking and defending depositions, developing expert witness testimony, and trying cases are highly desirable.
Candidates should submit a cover letter and resume to attorneyhire.ETL@usdoj.gov by August 23, 2024. Prior to submitting your materials, you must have supervisory support for consideration of this detail. No telephone calls, please.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.
Under a detail assignment, there is no change to the selectee's base pay. The position will be filled at the employee's current grade level.
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Department Policies
Equal Employment Opportunity: The U.S. Department of Justice is an Equal Opportunity/Reasonable Accommodation Employer. Except where otherwise provided by law, there will be no discrimination because of race, color, religion, national origin, sex - including gender identity, sexual orientation, or pregnancy status - or because of age (over 40), physical or mental disability, protected genetic information, parental status, marital status, political affiliation, or any other non-merit based factor. The Department of Justice welcomes and encourages applications from persons with physical and mental disabilities. The Department is firmly committed to satisfying its affirmative obligations under the Rehabilitation Act of 1973, to ensure that persons with disabilities have every opportunity to be hired and advanced on the basis of merit within the Department of Justice. For more information, please review our full EEO Statement.
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Outreach and Recruitment for Qualified Applicants with Disabilities: The Department encourages qualified applicants with disabilities, including individuals with targeted/severe disabilities to apply in response to posted vacancy announcements. Qualified applicants with targeted/severe disabilities may be eligible for direct hire, non-competitive appointment under Schedule A (5 C.F.R. § 213.3102(u)) hiring authority. Individuals with disabilities are encouraged to contact one of the Department’s Disability Points of Contact (DPOC) to express an interest in being considered for a position. See list of DPOCs.
Suitability and Citizenship: It is the policy of the Department to achieve a drug-free workplace and persons selected for employment will be required to pass a drug test which screens for illegal drug use prior to final appointment. Employment is also contingent upon the completion and satisfactory adjudication of a background investigation. Congress generally prohibits agencies from employing non-citizens within the United States, except for a few narrow exceptions as set forth in the annual Appropriations Act (see, https://www.usajobs.gov/Help/working-in-government/non-citizens/). Pursuant to DOJ component policies, only U.S. citizens are eligible for employment with the Executive Office for Immigration Review, U.S. Trustee’s Offices, and the Federal Bureau of Investigation. Unless otherwise indicated in a particular job advertisement, qualifying non-U.S. citizens meeting immigration and appropriations law criteria may apply for employment with other DOJ organizations. However, please be advised that the appointment of non-U.S. citizens is extremely rare; such appointments would be possible only if necessary to accomplish the Department's mission and would be subject to strict security requirements. Applicants who hold dual citizenship in the U.S. and another country will be considered on a case-by-case basis. All DOJ employees are subject to a residency requirement. Candidates must have lived in the United States for at least three of the past five years. The three-year period is cumulative, not necessarily consecutive. Federal or military employees, or dependents of federal or military employees serving overseas, are excepted from this requirement. This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.
Veterans: There is no formal rating system for applying veterans' preference to attorney appointments in the excepted service; however, the Department of Justice considers veterans' preference eligibility as a positive factor in attorney hiring. Applicants eligible for veterans' preference must include that information in their cover letter or resume and attach supporting documentation (e.g., the DD 214, Certificate of Release or Discharge from Active Duty and other supporting documentation) to their submissions. Although the "point" system is not used, per se, applicants eligible to claim 10-point preference must submit Standard Form (SF) 15, Application for 10-Point Veteran Preference, and submit the supporting documentation required for the specific type of preference claimed (visit the OPM website, www.opm.gov/forms/pdf_fill/SF15.pdf for a copy of SF 15, which lists the types of 10-point preferences and the required supporting document(s). Applicants should note that SF 15 requires supporting documentation associated with service- connected disabilities or receipt of nonservice-connected disability pensions to be dated 1991 or later except in the case of service members submitting official statements or retirement orders from a branch of the Armed Forces showing that their retirement was due to a permanent service-connected disability or that they were transferred to the permanent disability retired list (the statement or retirement orders must indicate that the disability is 10% or more).
USAO Residency Requirement: Assistant United States Attorneys must reside in the district to which appointed or within 25 miles thereof. See 28 U.S.C. 545 for district specific information.
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