Erika Eaton Malmen

Acquisition of Empire Group Mining Claims

Represented Integra Holdings U.S. Inc. in its acquisition of mining claims, water and mineral rights, and other property located in Owyhee, County Idaho from Empire Mines Company.

Bureau of Land Management (BLM) Matters

Advised on mineral, grazing and permit issues; counsel to mining company and other landowners and operators.

Endangered Species Act (ESA) Habitat Conservation Plans

Counsel to state of Idaho developers.

Resort Development

Advised on federal agency permitting and land use issues; counsel to developer, Idaho.

Stormwater Management Permitting and Compliance

Counsel to Ada County Highway District, Idaho.

Water Rights

Counsel to private landowners, City of Boise, Idaho and Ada County, Idaho.

Environmental Due Diligence

Counsel to developers, buyers and purchasers.

Idaho Department of Environmental Quality (IDEQ) Matters

Counsel to gas station owners/petroleum release site remediation and closure; counsel to energy developer in administrative negotiated rule-making.

Environmental Audits

Counsel to industrial clients.

Coal Gasification Project

Counsel to developers and investors.

Wind Generation

Counsel to developer.

FERC Re-Licensing for Hydro Projects

Counsel to U.S. Department of the Interior.

Nuclear Fuel Reprocessing

Counsel to developer/investor.

Transmission Lines and Right-of-Ways

Counsel to utility.

Solar Power

Counsel to developer.

Planning, Zoning, and Entitlements

Counsel to landowners and developers.

Conservation Easements

Counsel to State of Idaho.

Residential Community and Subdivision

Advised on due diligence and entitlements, counsel to investors and developers, Idaho.

Center for Biological Diversity, et al. v. U.S. Fish & Wildlife Service, et al.

Intervened on behalf of American Forest Resource Council and other forest industry clients in support of the U.S. Fish & Wildlife Service’s decision not to list the Pacific fisher under the Endangered Species Act.

Idaho Conservation League, et al. v. U.S. Forest Service, et al.

Intervened on behalf of Otis Capital USA Corp. in support of a U.S. Forest Service decision to approve exploratory plan of operations.

Areva Federal Services LLC v. Old Castle

Construction litigation.

Friends of the Clearwater v. U.S. Forest Service

Represented Idaho Association of Counties in defending Forest Service’s decision to approve forest management in community at risk for catastrophic wildfire.

Bark v. Northrop

Counseled on Endangered Species Act, National Environmental Policy Act and Federal Land Policy and Management Act claims against Forest Service regarding approval of mountain biking project, counsel to defendant-intervenor.

City of Boise – Dixie Drain Project

Represented clients on application for water right for water quality improvement project, counsel to applicant in appeal of water right application before the Idaho Department of Water Resources.

Great Basin Resource Watch v. U.S. Bureau of Land Management

Counseled on National Environmental Policy Act and Federal Land Policy and Management Act claims against the Bureau of Land Management in environmental group’s challenge to BLM’s decision to allow mine expansion, counsel to defendant-intervenor.

ConAgra Foods Lamb Weston, Inc. v. Idaho Department of Environmental Quality

Clean Air Act Title V Prevention of Significant Deterioration (PSD) Permit to Construct counsel to plaintiff.

Nez Perce Tribe and Idaho Rivers United v. U.S. Forest Service

Wild Scenic Rivers Act, National Forest Management Act and other claims against the Forest Service, counsel to defendant-intervenor.

Big Wood Ranch LLC v. Water Users’ Association

Idaho statutes creating Lateral Ditch Water Users’ Association counsel to plaintiffs.

Hayden Area Regional Sewer Board, et al. v. U.S. Environmental Protection Agency

Clean Water Act National Pollutant Discharge and Elimination System dispute, counsel to defendant-intervenor.

Jayne v. Bartuska / Jayne v. Sherman / Jayne v. Rey

Endangered Species Act, National Environmental Policy Act and other claims against Idaho Roadless Rule; counsel for defendants-intervenors.

Lands Council v. McNair

Endangered Species Act, National Environmental Policy Act and other claims against Forest Service approval of timber harvest project; counsel to amici.

SEACC v. U.S. Army Corps of Engineers / Coeur Alaska Inc. v. SEACC

Clean Water Act Section 404 permit, large mine, Alaska; counsel for defendant mine operator, Coeur Alaska Inc. (permit affirmed in U.S. Supreme Court)

State of Idaho, ex. rel. Dirk Kempthorne v. Norton

Endangered Species Act, counsel for State of Idaho.

Confederated Tribes and Bands of the Yakama Nation v. McDonald

Endangered Species Act Section 7 Consultation, NEPA Environmental Assessment, counsel for Bureau of Reclamation, U.S. Department of the Interior.

In re Snake River Basin Adjudication (State Water Adjudication)

Counsel for City of Boise, Idaho, Ada County, Idaho, developer and private landowners.

State of Idaho v. Maverik, et al.

Counsel for private parties.

ONRC v. Goodman

National Forest Special Use Permit Litigation; counsel for intervenor ski resort operator.

S.L. Start v. State of Idaho

Counsel for vendor in bid protest.

Blue Cross of Idaho v. MCNA Insurance Co.

Counsel to vendor in Public Records Act request litigation.

Advantage Dental v. Department of Purchasing

Counsel to vendor on bid protest.

Administrative Rules Advocacy

Counsel to coal gasification developer in drafting and advocacy of administrative rule changes.

Legislation Advocacy

Counsel to nuclear energy company in drafting and advocacy of tax incentives legislation. Counsel to developers, Ada County Highway District, Idaho and State of Idaho.