The U.S. Environmental Protection Agency is accepting applications for the position of Attorney-Advisor in the WIFIA Branch of the Water Infrastructure Division in Washington, DC. Modeled on the Department of Transportation's successful TIFIA loan program, WIFIA is a new federal lending program launched in 2017 to help finance drinking water, wastewater, and storm water projects across the country. As a direct federal lender, the WIFIA program is tasked with ensuring that projects are acceptable from a credit, legal, engineering, and policy perspective. Loans may be structured as project, municipal, or corporate financings as well as loan-to-lenders.
In 2017 the first year of launch, the program received 43 letters of interest and invited 12 projects to apply representing $2.3 billion in credit assistance to help finance over $5 billion in water infrastructure investment. The program is currently evaluating 62 letters of interest received in 2018 and expects to make selections of projects that will advance to loan underwriting this fall. Please visit the program website for more information: https://www.epa.gov/wifia.
- Serve as a legal expert on water infrastructure project, municipal and corporate financings, including secured transactions.
- Provide assistance to the WIFIA program in structuring, reviewing, guiding, and documenting credit transactions involving a wide range of legal and financial issues.
- Serve as a member of the negotiating team, and in that role, often in conjunction with external counsel, draft, comment, and/or review proposed credit agreements and associated legal financing and security documents for projects awarded WIFIA credit assistance, and ensure that all closing and disbursement conditions for WIFIA loans are met. Ensure that all legal documentation is in proper form and substance, including being in compliance with WIFIA statutory and regulatory requirements and containing satisfactory protections against risks both unique to the federal government and typically seen in project finance, municipal and corporate financings.
- Provide legal support to the WIFIA program on all legal matters that arise in conjunction with loan administration and servicing, loan amendments and waivers to existing agreements, corporate reorganizations and potential work-out scenarios, and any other legal matter impacting the program.
- The position requires a high degree of competence in serving as lead finance attorney on infrastructure projects; and in regularly overseeing, directing, reviewing and assessing the performance of WIFIA external counsel, and taking corrective actions as needed, to ensure high quality performance and results that meet applicable legal and quality requirements.
The incumbent is expected to possess a minimum of 5 years of legal experience with expert knowledge of complex legal arrangements and financing structures for project finance, municipal, corporate, and/or pooled credit transactions. A proven history of structuring credit transactions involving a wide range of legal and financial issues and negotiating loan terms in secured transactions to address and mitigate unique risks in a transaction is a necessity. The incumbent must be able to independently manage infrastructure projects, with demonstrated experience in drafting, reviewing and negotiating financing and security documentation in complex transactions. The incumbent should also possess the ability to assess legal risks in a practical manner and make fair, well-reasoned, independent and transparent decisions. Experience in public finance as bond counsel and familiarity with infrastructure projects and/or other governmental agency loan or guarantee programs is an expectation. Must be qualified to practice law in the U.S.
Join EPA in protecting human health and the environment and enjoy many work life quality options! Working for the EPA offers you a comprehensive benefits package that includes, in part, paid vacation, sick leave, holidays, life insurance, health benefits, and participation in the Federal Employees Retirement System. Another benefit may be the potential to telework as well as flexible work schedule in the position.