Erin L. Anderson
Of Counsel
Seattle, WA
(206) 386-7665 Direct
(206) 386-7500 Fax

elanderson@stoel.com

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  • Portuguese

Erin L. Anderson

Experience

Erin Anderson is of counsel in the Natural Resources and Land Use practice group. Erin advises clients in permitting, developing, constructing and operating major capital facilities, with a particular focus on energy generation and transmission facilities. She has significant experience representing independent power producers and regulated utilities in site certification and environmental review under NEPA, SEPA, CEQA and similar state laws, as well as operational compliance with state and federal regulations such as the Clean Water Act, Clean Air Act and Endangered Species Act. She regularly represents clients before local boards, commissions and the Washington Energy Facility Site Evaluation Council in project permit proceedings, and has successfully defended projects before the Eastern Washington Growth Management Hearings Board, and in Washington's Superior Courts, Court of Appeals and the Washington Supreme Court. Erin also conducts regulatory, environmental and land use due diligence for purchasers, sellers and lenders in major power facility transactions.

Erin also advises private-sector and municipal interests in the negotiation and drafting of franchise and development agreements for multiple-use developments, water and wastewater treatment plant development and utility service delivery contracts, and frequently advises public and private clients on matters of eminent domain, regulatory takings, alternate procurements and the drafting and negotiation of both traditional design-bid-build and alternate public-private partnership agreements.

Before joining Stoel Rives, Erin worked for 11 years at the central Washington firm of Cone Gilreath, where she served as the Cle Elum city attorney and South Cle Elum town attorney, represented the Kittitas County Public Utilities District, the Kittitas County Conservation District, Kittitas County Fire District #4, and served as the South Cle Elum town attorney. From 1993-1996 she was employed as an associate at Halverson Applegate, P.S. in Yakima, where she worked extensively on zoning, facilities permitting, and impact fees issues under various statutory regimes.


Representative Work

Energy Projects
  • Represented the project owner/developer in the permitting of a 1,432 MW wind energy facility presently under construction.
  • Analyzed environmental and land use permit compliance for seller of 125 MW natural gas fired power plant receiving capital facilities services across international borders.
  • Counseled developer of 49 MW solar PV farm on land use and regulatory requirements.
  • Conducted fatal flaw analysis of regulatory and land use requirements for cross-state natural gas pipeline.
  • Obtained the timely issuance of federal No Hazard to Aviation certificates for wind facility over civil aviation and federal agency requests for denial.
  • Part of team that successfully permitted and defended on appeal a wind energy facility, establishing precedence on issues of sufficient environmental assessment of aesthetic impacts and jurisdictional authority of Washington Siting council.
  • Conducted environmental permit and regulatory due diligence for purchaser of biomass facility certified for REC's in multi-state region.
  • Correctly analyzed multi-agency regulations and preemptive authority on contested deep geothermal electrical generation facility.
Litigation
  • Residents Opposed to Kittitas Turbines v. State Energy Facility Site Evaluation Council, 165 Wn.2d 275, 197 P.3d 1153 (2008)
  • SCM Group USA, Inc. v. Protek Machinery Co., 136 Wash. App. 569, 150 P.3d 141 (2007)
  • Lathrop v. State Energy Facility Site Evaluation Council, 130 Wash. App. 147, 121 P.3d 774 (2005)
  • J.R. Simplot, Inc. v. Knight, 139 Wash. 2d 534, 988 P.2d 955 (1999)
  • Tugwell v. Kittitas County, 90 Wash. App. 1, 951 P.2d 272 (1997)

Presentations

  • "Land Use, Environmental and Regulatory Law and Water Rights Affecting Wineries and Vineyard Development" Northwest Wine Academy, June 2, 2010
  • "DOE Loan Program for Renewables: Critical Path Timeline Issues," EUCI Webinar, May 27, 2010
  • "Current Siting Issues under NEPA and Other Significant Federal Legislation," EUCI Webinar, May 19, 2010
  • "Transmission: How It Works; Affected Parties; Permitting Across Multiple Jurisdictions," The Seminar Group's Developing Wind Power in the Northwest, November 12-13, 2009, Seattle, WA
  • "Law of Renewable Energy: Key Substantive Issues in Siting and Permitting Renewable Energy Facilities," EUCI webinar, Jun. 1, 2009
  • "Vehicle Electrification and Charging Infrastructure Development - Funding Opportunities and Challenges under the 2009 American Recovery and Reinvestment Act," 5th Annual Power UP! Electrifying Transportation Summit, Wenatchee, WA, May 28, 2009
  • "Key Issues in Wind Power Project Economics," AWEA Wind Resource & Project Energy Assessment Workshop, Portland, Oregon, Sep. 23, 2008
  • "Environmental Issues for Washington Wineries and Vineyards," Winery and Wine Distribution Law, Quincy, Washington, Aug. 11, 2008
  • "Siting and Permitting Challenges," Renewable Energy in the Pacific Northwest, Seattle, Washington, Aug. 7-8, 2008
  • "Land Use and Water Rights Issues Affecting Washington Vineyards and Wineries," Annual Stoel Rives, LLP Wine Law Seminar, Walla Walla, Washington, Jun. 24, 2008
  • "Any Way the Wind Blows: Wake Effect and Its Impact on Upwind and Down Wind Facilities," AWEA Windpower 2008, Houston, Texas, Jun. 1-4, 2008
  • "Wind Energy in the Pacific Northwest," NEBC Canada - Making Renewable Projects Happen, Portland, Oregon, Apr. 24, 2008
  • "Alternative Procurement and Funding in Washington State," Land Use in Southwestern Washington, Vancouver, Washington, Feb. 11-12, 2008
  • "Economics of the River: Wind Power in the Pacific Northwest," The Mighty Columbia, Seattle, Washington, Nov. 15-16, 2007
  • "Washington Oil and Gas Land Use and Environmental Issues," Northwest Energy Association Annual Symposium, McMinnville, Oregon, Sep. 21, 2007

Civic Activities

  • Volunteer, Legal Aid Service of Oregon, Multnomah County Office, Portland, Oregon

Publications


Education

  • University of Washington School of Law, J.D., 1993
  • University of Idaho College of Law, 1991
  • Central Washington University, B.A., 1990, summa cum laude

Admissions

  • Oregon
  • Washington
  • U.S. District Court for the Western and Eastern Districts of Washington


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2010