Erin Anderson advises clients in permitting, developing, constructing and operating major capital facilities, with a particular focus on energy generation, conversion and transmission facilities. Her goal with every project is to ensure the facility or proposal incorporates thoughtful, innovative and environmentally responsible measures that improve the end product for all interested and affected stakeholders.

Erin is a leader in our Energy Transition practice and has significant experience representing independent power producers; fuel processing, handling and transport companies; and regulated utilities in site certification and environmental review under NEPA and SEPA, as well as operational compliance with state and federal natural resource regulations. 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 conducts regulatory, environmental and land use due diligence for purchasers, sellers and lenders in major power and fuel 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 facilities. She frequently advises public and private clients on matters of eminent domain, regulatory takings, and alternate procurements for which she negotiates and drafts both traditional and innovative procurement, delivery and service contracts for capital facilities infrastructure development and finance, including various public-private partnership structures.

Erin serves as a member of the firm's Executive Committee and is a co-coordinator of Van Ness Feldman's Land Use and Real Estate practice.

  • Experience
    • Currently representing developer in the procurement of local, state and federal land use, regulatory and environmental permits, concurrently with undergoing SEPA review, regarding development of a first-of-its-kind LNG conversion, storage and marine LNG fueling facility in the Port of Tacoma, Washington, that will replace marine diesel fuel with cleaner-burning LNG. Represents Northwest Innovation Works – Kalama, LLC in the development of a methanol manufacturing and marine export facility that will deploy ultra- low emissions and zero-discharge technologies, including the procurement and defense of local, state and federal shoreline use and environmental permits.
    • On-going representation of electrical transmission provider regarding siting and permitting of upgrades to high-voltage transmission facilities and substations in variety of urban, shoreline and rural environments within an existing utility corridor, eliminating the need for development of a new power corridor.
    • Represents a group of Pacific Northwest Ports in the environmental review under NEPA and SEPA and the procurement of permits for maintenance dredging and dredge materials placement on the Lower Columbia River in order to maintain federal navigation channel depths that allow for continued annual transit of over 50 million tons of cargo valued at over $25 billion per year.
    • Conducts due diligence on existing land use and shoreline permits and future development permit requirements for the acquisition of a variety of power generation facilities across the United States.
    • Advises clients regarding venue and jurisdictional reach of local v. centralized Washington Energy Facility Site Evaluation Council regarding permitting of energy generation facilities, intrastate gas and oil pipelines, enumerated electrical transmission lines, and fuel receiving and processing facilities. Represented owner/developer in the permitting of a 1,432 MW wind energy facility and successfully defended environmental and substantive permit lawsuits.
    • Drafted and negotiated a series of multi-party procurement, development and operations agreements utilizing a public-private finance structure and a design-build method of development for privatized long-term operations of a publicly-owned 3.6 MGD sequencing batch reactor wastewater treatment plant serving the Washington Department of Transportation, three municipalities and one privately-owned 6,000-acre destination resort. Counseled developer of 49 MW solar PV farm on land use and regulatory requirements.
    • Assisted clients in initial permitting of crude-by-rail facilities and subsequent expansion of constructed infrastructure.
    • 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. Member of two permitting teams that assisted clients in obtaining highly contested Site Certification Agreements from (former) Washington Governor Christine upon favorable recommendations from the Washington Energy Facility Site Evaluation Council, and successful defense thereof before the Washington Supreme Court, establishing precedence on issues of sufficient environmental assessment of aesthetic impacts, legal effects of facility proximity of National Scenic Area, jurisdictional authority of Washington siting council and standard of deference to Governor and recommendation of siting council based upon complete administrative record.
    • Conducted environmental permit and regulatory due diligence for purchaser of biomass facility certified for REC’s in multi­state region.
    • Correctly analyzed multi-agency regulations and preemptive authority on contested deep geothermal electrical generation facility.
  • Professional Affiliations
  • Awards & Honors
  • Bar & Court Admissions
    Oregon State Bar
    Washington State Bar
    U.S. District Court for the Eastern District of Washington
    U.S. District Court for the Western District of Washington
    U.S. District Court for the District of Oregon
  • Government Service
  • News & Presentations
  • Thought Leadership

Education

University of Washington School of Law J.D., 1993

University of Idaho College of Law 1991

Central Washington University B.A., summa cum laude, 1990