Eric B. Fjelstad
Eric leads the firm’s Alaska environmental and resources representations.
Eric Fjelstad represents clients in oil and gas, mining, project development, litigation, and strategic counseling for municipal and industrial projects.
In his project development work, Eric handles due diligence, commercial arrangements for exploration, development and production, and permitting. He counsels Alaska’s leading oil and gas and mining companies on National Pollutant Discharge Elimination System and Alaska Pollutant Discharge Elimination System permitting; Section 404 permitting and compensatory mitigation; and National Environmental Policy Act strategy and compliance. He also advises on permitting and leasing in the Outer Continental Shelf; Surface Mining Control and Reclamation Act permitting; easements and rights-of-way; Endangered Species Act and Marine Mammal Protection Act (MMPA); oil spill contingency planning; hazardous waste issues under Resource Conservation and Recovery Act, Prevention of Significant Deterioration, and air permitting; and water rights issues.
In litigation matters, Eric represents mining, oil and gas, and industrial concerns in administrative and legal challenges to project approvals and permits. He also defends companies against third-party and governmental claims and investigations brought under state and federal environmental laws. Eric has worked on many of the most significant disaster risk reductions, natural resources damages, and contaminated sites proceedings in Alaska. He has negotiated settlements covering the shutdown and cleanup of many of Alaska’s largest industrial facilities.
Eric is currently an officer with the Resources Development Council, a trade group representing Alaska’s leading resources, fishing, and tourism companies.
Areas of focus
Education & Credentials
Education
- Lewis & Clark Law School, J.D., Certificate in Environmental Law, 1994
- Marquette University, B.A., Minor in Chemistry, 1991
Bar and Court Admissions
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Alaska
Related Employment
- Ziegler Law Firm, Ketchikan, Alaska, Partner, 1996-1999
- U.S. EPA Region 5 Multimedia Enforcement Branch, Law Clerk, July 1993-December 1993
Professional Recognition
Ranked by Chambers USA, as “America’s Leading Lawyers" for Environment & Natural Resources, 2003-2024; Mining & Metals, 2024
Named the Best Lawyers’ Anchorage "Environmental Law Lawyer of the Year," 2014; 2017; 2020-2022
Listed in The Best Lawyers in America: Environmental Law; Litigation - Environmental; Mining Law, 2007-2024
Listed in Super Lawyers, as "Alaska Super Lawyer", Environment, Energy & Natural Resource Law, 2007-2024
Listed in "The International Who's Who of Environmental Lawyers," 2010
Alaska Department of Environmental Conservation Antidegradation Working Group, appointed as member 2012-2013
Alaska Department of Environmental Conservation NPDES Primacy Working Group, appointed as member, 2004-2008
Alaska Department of Environmental Conservation transition team, appointed as member by Murkowski Administration, 2002-2003
Peer Review Rated AV in Martindale-Hubbell (AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)
Listed in Best Lawyer for Environmental Law - Administrative/Regulatory, Clean Air Act, Clean Water Act, Coastal Zone Management, Counseling, Endangered Species, Litigation, Mining, Permitting, RCRA/Hazardous Waste, Superfunds/Environmental Remediation, Litigation - Environmental, 2015
Impact
Professional Leadership
- American College of Environmental Lawyers, Fellow, 2012-Present
- Alaska Bar Association, Environmental and Natural Resources, Administrative Law, and Corporate Counsel Sections
- American Bar Association, Natural Resources, Energy, and Environmental Law Section
- Oregon State Bar Association
- Resource Development Council for Alaska, President of Board of Directors, 2016-2019, Member of Executive Committee and Officer, 2010-present
Community Involvement
- Eagle River Nature Center, Board Member
Insights
News
Professional Experience
Project Development
Arctic General Permit
Represented Statoil as intervenor in 3rd party challenge of authorizations under Arctic NPDES permit.
Arctic OCS Lease Sale
Ongoing representation of Statoil in challenge to Sale 193 lease sale in Chukchi Sea.
Arctic Project/Ambler Road
Ongoing representation of Ambler Metals LLC in proposed development of hard rock mine in Northwest Alaska.
Beatson Site
Ongoing representation of Rio Tinto in investigation and cleanup of historical mining property.
Chuitna Coal Project
Ongoing representation of PacRim Coal in project to develop tidewater surface coal mine in the Western Cook Inlet area.
Clean Fuels Project
Representation of Flint Hills Resources in permitting of proposed refinery project to meet ultra-low sulfur fuel standards.
Donlin Gold
Ongoing representation of Donlin Gold LLC relating to EIS, permitting, agreements with minerals and surface estate holders, and development of the Donlin Gold gold project.
Greens Creek
Represented Hecla in EIS and permitting for project to expand tailings facility at Greens Creek.
Jumbo Dome
Representation of Usibelli Coal Mine in NPDES and Corps 404 permitting of new coal mine development.
Kensington Mine
Defense of challenge to proposed hard rock and tailings facility in federal courts.
Ketchikan Pulp Mill
Representation of pulp mill in conversion of pulping process to elementally chlorine-free and permitting one-mile extension of wastewater discharge outfall into a new receiving waterbody.
Mt. Spurr Geothermal Project
Represented of Ormat Inc. in exploration and related proceedings to develop a remote geothermal power plant.
Nanushuq Project/Repsol
Ongoing representation of Repsol in permitting, NEPA, and commercial arrangements to develop onshore oil and gas leases on Alaska North Slope.
Niblack Mine
Represented Niblack Mining Corporation in advanced stage exploration of hard rock minerals property and challenge to proposed Wild & Scenic Rivers Act designations.
Red Dog Mine/Aqqaluk Project
Represented Teck with respect to permitting and appeals arising from expansion into a new ore body.
Statoil/OCS Leases
Ongoing representation of Statoil in exploration activities concerning its OCS Chukchi Sea leases.
Tulsequah Chief Project
Represented mine owner in permitting and ACMP review of proposed cross-border mine.
Underground Coal Gasification
Represented Cook Inlet Region Inc. in project to develop North America's first commercial-scale UCG project.
Western Arctic Coal Project
Represented BHP Billiton in exploration of coal resources in Northwest Alaska.
Wishbone Hill Project
Ongoing representation of Usibelli Coal Mine in project to development coal leases in Southcentral Alaska.
Environmental Litigation
Adak Island
Defended tank farm operator against administrative and criminal charges and natural resources damages arising out of oil spill.
Alaska Clean Water Alliance v. Ketchikan Pulp Company
Defense of pulp mill in CWA citizen suit litigation.
Annette Hemlock Mill
Defense of sawmill operator in federal PSD enforcement case.
Camp Lonely Site
Ongoing defense of Alaska Native Corporation in contaminated site proceeding involving federal and private PRPs.
CD-5 Litigation
Ongoing representation of intervenor ASRC in defending challenges to ConocoPhillips CD-5 oil and gas project.
Cruise Ship Appeals
Ongoing representation of cruise ship industry in third party challenges to cruise ship discharge permit.
Dalton Highway Line
Ongoing representation of telecommunications company in litigation involving construction of broadband line from Alaska North Slope to Fairbanks.
Donlin Gold 401 Certification Appeal
Ongoing representation of mining in 401 certification appeal supporting Corps Section 404 permit.
EPA v. Miller
Defense of road builder in EPA wetlands enforcement case.
Flint Hills
Ongoing representation of Flint Hills in multiple administrative and court proceedings involving contamination at refinery site in Alaska.
Gateway Forest Products
Representation of prior owner of industrial facility in bankruptcy proceeding involving significant contaminated sites issues.
Greens Creek Mine
Defense of CWA enforcement case involving unpermitted discharges.
In re Thorne Bay Landfills Site
Defense of timber company in Forest Service enforcement of CERCLA at landfill facilities located in Tongass National Forest.
Industrial Excess Landfill Site
Defense of manufacturer in contaminated site claims at Missouri landfill.
Kenai River Site
Defense of construction company in EPA enforcement action regarding stormwater.
Ketchikan Pulp Company
Defense of pulp mill in various EPA and State contested administrative proceedings involving spills of process wastewater, NPDES and 401 certification issues, asbestos NESHAPs compliance, TSCA PCBs compliance, and CAA compliance.
Ketchikan Pulp Company
Defense of pulp mill in negotiation and implementation of civil and criminal CWA/CAA settlements and resolution of suspension and debarment issues before EPA's Suspension and Debarment Division.
Marshall Site
Defense of heavy construction company in EPA SPCC/FRP enforcement action and concurrent State criminal enforcement regarding oil contamination.
Port William
Ongoing representation of seafood processor in litigation concerning historical contamination.
Prudhoe Bay C-Plan Adjudication
Representation of oil company in challenge by environmental NGOs to oil spill contingency plan.
Red Dog Mine
Represented mine in NPDES permit appeals before Environmental Appeals Board.
Rock Creek Mine Site
Defended mine owner against EPA RCRA and CWA enforcement actions.
TLMP Litigation
Representation of timber companies and municipalities in issues in federal appeals concerning federal timber supply and access to federal lands.
Ward Cove Site
Defense of pulp mill in joint State/EPA enforcement of CERCLA claims for remediation of industrial property and adjacent marine sediments.
Wishbone Hill Mine
Ongoing administration and court litigation involving challenges under SMCRA to proposed surface coal mine.