Assistant Counsel I / II

Position Summary

The Bay Area Air District is seeking an experienced enforcement attorney to join our legal team as Assistant Counsel in the Office of General Counsel. The Air District has recently expanded its enforcement focus, assessing over $110 million in penalties last year aimed at holding violators accountable and deterring future non-compliance. We invest the penalty funds collected back into the communities impacted by the violations under a groundbreaking equity-focused community benefit policy adopted by our Board of Directors in 2024. We are looking to expand our team with a creative and dynamic civil prosecutor with a passion for achieving justice for the Bay Area communities most impacted by air pollution.

This position will focus primarily on enforcement of air quality violations, including cases seeking civil penalties and / or injunctive relief before the Air District’s administrative Hearing Board and in Superior Court. Experience prosecuting or defending such cases under air quality or other environmental laws is highly desirable, although an experienced civil prosecutor with a background in other similar enforcement contexts would also be ideal for this position.

In addition to enforcement work, the position will also provide legal advice, counseling and representation on related legal issues arising under local, state and federal air pollution laws and regulations, including air quality permitting, development of new regulations, California Environmental Quality Act issues, administrative law issues, and civil rights compliance, among others.

Many of the most pressing air quality issues the Bay Area faces relate to disproportionate air pollution burdens in historically disadvantaged communities, so experience and familiarity with environmental justice issues is highly desirable.

About the Division

The Legal Division provides a wide array of legal services to support the entire Air District, including handling enforcement cases; advising on the California Environmental Quality Act, AB617 Community Emission Reduction Plans, contracts, grants, and finance matters; developing regulatory language; supporting the permitting program; reviewing records under the Public Records Act; and staying abreast of current legal developments in air quality throughout California and nationwide. The Division utilizes a variety of tools to resolve enforcement actions, such as abatement orders, civil enforcement, and coordinating with other enforcement agencies, like local district attorneys or the state Attorney General. For cases in environmental justice communities, Air District staff can directly engage with community members when determining the appropriate legal remedies, including high enough penalties to reach deterrence-based outcomes and ensure the community benefits from the related funds.

Definition

Under direction, performs legal work of a routine to complex nature representing the Air District and providing advice and counsel to the Board of Directors, the Advisory Council, the Hearing Board and Air District management, staff and committees; performs related work as assigned.

Distinguishing Characteristics

Assistant Counsel I is the entry level in this specialized attorney series. It is designed to allow an experienced civil attorney to gain specific environmental law experience. This class is alternately staffed with Assistant Counsel II and incumbents may advance to the higher level after gaining experience and demonstrating proficiency which meet the qualification of the higher level class.

Assistant Counsel II is the journey level class of this specialized series, fully competent to perform a wide range of environmental law work. This class is responsible for providing effective legal counsel in complex and controversial environmental law matters. This class is distinguished from Senior Assistant Counsel in that the latter assists in administering and coordinating all phases of legal work for the Legal Division.

Duties and Responsibilities

Examples of Duties for this Position

(Illustrative Only)

Advises Air District departmental management regarding Air District authority, jurisdiction, functions and operational procedures.

Researches legal problems and prepares opinions, briefs, ordinances, resolutions, and other legal documents.

Prepares and tries routine to difficult cases, often involving a specialized body of law.

Represents the Air District in court and in administrative hearings before boards and commissions and state and federal agencies.

Attends Air District departmental, board and commission meetings to provide legal advice on a variety of matters.

Investigates and prepares reports regarding claims by and against the Air District and recommends actions to be taken.

Reviews ordinances, resolutions, contracts and other documents for legal sufficiency; recommends modifications as required.

Maintains accurate records and files and compiles reports of work performed.

Monitors legal developments, including proposed legislation and court decisions, and evaluates their impact on Air District operations and recommends appropriate action.

Performs other related duties as assigned.

Minimum Qualifications

Education and Experience

A typical way to obtain the knowledge and skills is :

Assistant Counsel I : Equivalent to graduation from a college or university plus an appropriate law degree and two years of experience as an attorney engaged in the practice of civil law with a public agency, preferably involving environmental law. Experience in litigation and negotiation is desirable.

Assistant Counsel II : In addition to the above, two additional years of experience as an attorney engaged in the practice of environmental law with a public agency in the State of California.

Other Requirements

Must be a member in good standing of the State Bar of California.

How to Apply

Interested individuals must submit a completed Air District application and responses to the supplemental questionnaire by 5 : 00 p.m. on Monday, September 29, 2025. Resumes are encouraged, but not mandatory, and will not be accepted in lieu of the required application materials. Applications are accepted online; please visit our website at www.baaqmd.gov / jobs to apply. Postmarks, faxes, and e-mailed applications will not be accepted.

Except as requested in this announcement, do not include any additional documents, such as letters of recommendation, performance evaluations, work samples, etc. They will not be considered.

Supplemental Questions Instructions

Individuals who apply for this position must respond to each of the required supplemental questions. Online applications must be received by the Human Resources Office no later than the time and date specified in this vacancy announcement. The responses to the supplemental application questions will be used in accordance with the procedures indicated under the Selection Criteria section.

Please limit your responses to no more than one page (500 words) per question. Do not combine your responses or reference your application, resume, or any other requested documentation that you have included with your application packet to answer a question. This information will be evaluated as is and may be used to determine those applicants with the most directly related experience, education, and training to continue in the selection process. It is very important to provide a concise, clear, legible, complete response to each question.

Selection Criteria

Selection may be based upon a competitive examination consisting of a written exercise, interview, or combination of the two. Depending on the number of qualified applicants, an application screening and / or panel interview may be used to determine the most qualified applicants.

The Air District may hire from this recruitment process to fill future vacancies occurring within the next 18 months.

Persons with disabilities who may require reasonable accommodations during the application and / or selection process should notify the Human Resources Office at (415) 749-4980.

The Air District is an Equal Opportunity Employer.

#J-18808-Ljbffr