E r i n L . A n d e r s o n
Experience
Erin Anderson advises clients in permitting, developing, constructing and operating major capital facilities, with a particular focus on energy generation, fuel conversion and transmission facilities. She has significant experience representing independent power producers, refineries, fuel 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.
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
 Conducted due diligence on existing land use and shoreline permits and future development permit requirements for the acquisition of an existing fuel storage and export facility proposed for expansion in the State of Washington in order to receive propane by rail for export to Asian markets.
 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.
Partner
Seattle, WA
(206) 386-7665 direct
(206) 386-7500 fax erin.anderson@stoel.com
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
Languages
 Portuguese

E r i n L . A n d e r s o n
 Currently representing developer in the procurement of local, state and federal land use, regulatory and environmental permits, concurrently with undergoing SEPA and NEPA review, regarding development of a first-of-its-kind LNG conversion, storage and marine LNG fueling facility in the Port of Tacoma, Washington.
 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.
 On-going representation of electrical transmission provider regarding siting and permitting of new, expanded and replacement high-voltage transmission facilities and substations in variety of urban, shoreline and rural environments.
 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 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)

E r i n L . A n d e r s o n
Presentations
 "Land Use Law Update," The Seminar Group: Wineries, Breweries and Distilleries, Seattle, WA, Aug. 15, 2014
 Summit Chair and Moderator, "Expanding Takeaway and Fractionation Capacity to Support Burgeoning Production in Western
Canada” - Infocast: Western Canada - Oil & Gas Transportation Summit (Infrastructure, Rail, LNG Exports), Calgary, AB, May 14,
2014
 Moderator, "SWINOMISH INDIAN TRIBAL COMMUNITY V. DEPARTMENT OF ECOLOGY: Implications of Washington Supreme Court
Ruling on Minimum In-Stream Flows," LSI Telebriefing, Oct. 28, 2013
 "From Dirt to Dinner Table: How Lawyers Help Bring Wine Into the World" American Bar Association - Business Law Section,
Annual Meeting, San Francisco, CA, Aug. 9-11, 2013
 "Palouse Wind: Energy Facility Development Case Study - Legal Permitting," AWEA Regional Wind Energy Summit - Northwest,
Portland, OR, Feb. 19, 2013
 "Federal Environmental Regulations Update - Energy Facility Development," Infocast's 5th Annual Projects & Money 2013, New
Orleans, Louisiana, Jan. 15-17, 2013
 "Property Value Impact Objections to Wind Project Siting," AWEA Wind Project Siting Seminar, Las Vegas, Nevada, Feb. 28, 2012
 "Federal Support/Federal-State Permitting Update," Developing Wind Power in the Northwest, The Seminar Group, Seattle, Nov.
9-10, 2011
 "Tackling Energy Storage Issues", EUCI Webinar, Sept. 21, 2011
 "What's Coming in Renewable Energy," WSBA CLE, 2011 Environmental and Land Use Law Section Midyear Meeting and Seminar,
Union WA, Apr. 28-30, 2011
 "Environmental Issues Relating to Specific Technologies: Challenges of siting wind farms around the country" Law Seminars
International, Arlington, VA, Jan. 27-28, 2011
 "WINNING THE RACE BEFORE IT STARTS: What Biomass Developers Must Do in Order to Create a Favorable Permitting
Environment " 2011 Pacific West BIOMASS Conference & Expo, Seattle, WA, Jan. 10-12, 2011
 "Wind Power Land and Permitting Issues: Private Land; Public Land; Leased Land; BLM Sites; Repowering Issues; Radar and
Electricity Concerns; Military Overfly Areas; National Defense Concerns; Height and Location Issues; Avian Issues; SEPA; NEPA;
Local Zoning Issues" The Seminar Group, Seattle, WA, Nov. 9-10, 2010
 "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, Nov. 12-13, 2009, Seattle, WA

E r i n L . A n d e r s o n
 "Law of Renewable Energy: Key Substantive Issues in Siting and Permitting Renewable Energy Facilities," EUCI webinar, June 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,
Sept. 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, June 24, 2008
 "Any Way the Wind Blows: Wake Effect and Its Impact on Upwind and Down Wind Facilities," AWEA Windpower 2008, Houston,
Texas, June 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, Sept. 21, 2007
Publications
 "Renewable Energy Siting in Washington," Washington State Bar Association Environmental and Land Use Law Newsletter,
September 2012
 "Siting and Permitting Projects," The Law of Biomass: A Guide to Business and Legal Issues, Stoel Rives LLP, First Edition, 2010
 "Permitting and Land Use," The Law of Wind: A Guide to Business and Legal Issues, Stoel Rives LLP, Fourth Edition, 2008, Fifth
Edition, 2009, Sixth Edition, 2010
 "Washington Supreme Court Affirms State Siting Council's Authority to Permit Alternative Energy Facilities," Renewable Energy
Law Alert, Nov. 21, 2008
 "Permitting and Land Use," Lex Helius: The Law of Solar Energy, A Guide to Business and Legal Issues, Stoel Rives LLP, First
Edition, 2008
 The Law of Ocean and Tidal Energy, A Guide to Business and Legal Issues, Stoel Rives LLP, Second Edition, 2008
 "BonaFide Purchaser Doctrine," Washington State Bar Association Real Property Deskbook Ch. 41, 1997, 2000-2002 Supplement

E r i n L . A n d e r s o n