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Appellate Section
Washington, District of Columbia
Announcement #: ENRD-056-EXC
Application Deadline: September 14, 2023
The Appellate Section management consists of a Chief, a Deputy Section Chief, and three Assistant Section Chiefs. The Deputy and Assistant Chiefs divide management of the work of the Section by subject matter.
The Section is responsible for civil and criminal appeals in all cases handled by an ENRD trial section in federal or state trial courts. It also handles directly, or coordinates with the United States Attorney offices (USAO), on civil and criminal appeals in cases involving Division subject matters that were handled by a USAO in the trial court. In addition, the Appellate Section has responsibility for certain petitions for review filed directly in the court of appeals that seek review of decisions of the Energy and Interior Departments and of the FAA, NRC, STB, and in some instances FERC. The Appellate Section works closely with the Office of the Solicitor General in determining whether to appeal adverse district court decisions to the court of appeals, to seek further review of adverse court of appeals decisions, and to participate as amicus in federal and state courts of appeals and the Supreme Court. The Section writes initial drafts of briefs filed in the Supreme Court in Division cases handled by the Appellate Section.
Assistant Section Chiefs have direct supervisory responsibility for all aspects of this work in their respective subject areas. This supervision involves, among other things, assigning legal casework to attorneys, ensuring appropriate staffing on each matter, providing strategy and other guidance as needed, ensuring compliance with all relevant DOJ guidance and policies, reviewing all written briefs, memos, and other written work product for substantive accuracy and for consistency with positions in other litigation, coordinating with counterparts at client agencies and with the Office of the Solicitor General as well as other DOJ and ENRD components, briefing agency and DOJ leadership as necessary, determining settlement positions, and preparing attorneys for oral argument. The Assistant Section Chiefs also are responsible for performance management and serve as the rating official for attorneys. The Assistant Section Chiefs also assist the Section Chief and Deputy Chief on non-litigation and administrative matters, and with overall management of the Section.
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