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Erika Eaton Malmen



Erika Malmen focuses her practice on environmental and natural resources law, energy, water law, real estate, land use and environmental litigation. Erika’s practice includes permitting and compliance under various statutes including the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Clean Air Act (CAA), Federal Land Policy & Management Act (FLPMA) and the Endangered Species Act (ESA).  Erika’s practice includes public lands, energy project development and due diligence. Erika represents clients in the energy, forest products/timber, mining, agriculture and real estate development industries. Erika also has transactional and litigation experience in Idaho state procurement and competitive bidding statutes (government contracts), water law and lobbying/government affairs.

An Idaho native, Erika served as an attorney In Washington, D.C. for the Division of Land and Water in the Office of the Solicitor, U.S. Department of the Interior. She also served as Acting Special Assistant in that office. In addition, Erika served for two years as legal counsel in the Office of Species Conservation, Executive Office of the Governor. All of this experience has contributed to Erika’s understanding of federal and state law as well as to her familiarity with regulators and their perspective on issues important to her clients.

Professional Recognition

  • Listed in "Accomplished Under 40, version 14.0" by Idaho Business Review, 2013
  • Rated superb on
  • Ranked by Chambers USA, as "America's Leading Environment & Natural Resources Lawyers," 2008 - 2014
  • Listed in Mountain States Super Lawyers as a "Rising Star," 2009, 2012 - 2014

Professional Leadership

  • Idaho State Bar, Environment & Natural Resources Section, Secretary/Treasurer 2007 - 2008; Chairperson, 2008 - 2009
  • Idaho Environmental Forum, Steering Committee, Member, 2010 - present
  • Kellogg Leadership Training Program, 2014

Related Employment

  • Office of the Solicitor, U.S. Department of the Interior, Washington, D.C., Acting Special Assistant to the Solicitor, 2003
  • Office of the Solicitor, U.S. Department of the Interior, Washington, D.C., Attorney for Division of Land and Water, 2002 - 2003
  • Office of Species Conservation, Executive Office of the Governor, Boise, ID, Legal Counsel, 2000 - 2002
  • Arapahoe County District Attorney’s Office, Littleton, CO, Legal Intern, 1998
  • Supreme Court of the United States, Washington, D.C., Intern, 1995


  • University of Denver Sturm College of Law, J.D., 2000
  • University of Utah, B.S., Speech Communication, 1996

Bar Admissions

  • Idaho

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit