Erika Eaton Malmen

Erika Malmen advises clients on environmental and natural resources law, with a particular focus on public lands permitting and development. Her work spans federal and state environmental regulation, regulatory compliance, water rights and related real estate issues. She represents mining, industrial, agribusiness, energy, forestry, utility, resort, municipal and developer clients as they navigate the legal and practical demands of proposed projects.

Erika’s experience includes matters involving the National Environmental Policy Act, the Federal Land Policy and Management Act, the Mining Laws of 1872, the National Forest Management Act and the Clean Water Act. She represents clients before administrative tribunals, including the Interior Board of Land Appeals, and in state and federal court litigation. Her counsel is informed by her previous service as a lawyer for the U.S. Department of the Interior.

Projects subject to public and governmental scrutiny call for more than an assessment of regulatory requirements. Erika works with government agencies, public relations consultants and engineers to help clients communicate their positions and pursue the permits their projects require. She also maintains relationships with agencies, rulemaking authorities and lawmakers as part of her client advocacy.

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

• Idaho
• Montana
• South Dakota
• U.S. Court of Appeals for the Ninth Circuit

• Named the Best Lawyers "Lawyer of the Year" for Environmental Law, Boise Metro Area, 2027

• Recognized as Boise Women Leaders Association’s Top 50 Women, 2026

• Ranked by Chambers USA, as "America's Leading Lawyers" for Environment & Natural Resources, 2008-2026

• Listed in The Best Lawyers in America: Environmental Law, 2019-2027; Energy Law, 2023-2027; Mining Law, 2027

• Named "Top-Rated Lawyer" on Avvo.com, 2020

• Listed in Mountain States Super Lawyers as a "Rising Star," 2009, 2012-2014

• Listed in "Leaders in Law," by Idaho Business Review, 2014

• Listed in "Accomplished Under 40, version 14.0" by Idaho Business Review, 2013

• Rated Superb on Avvo.com

• Idaho State Bar, Environment & Natural Resources Section, Secretary/Treasurer 2007-2008; Chairperson, 2008-2009
• Idaho Environmental Forum, Board of Directors, Member, 2010-2019
• Kellogg Leadership Training Program, 2014

• 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
• U.S. Supreme Court, Washington, D.C., Intern, 1995