Svend Brandt-Erichsen joined Heller Ehrman in 1993 and has an environmental practice with a particular emphasis on litigation and regulatory affairs.
Experience
Mr. Brandt-Erichsen advises clients regarding a wide variety of environmental regulatory matters, including project permitting and representation before agencies. He also handles environmental litigation, including agency enforcement actions, appeals of contested regulations and permits, and private party suits. Prior to joining Heller Ehrman, he served as Regional Administrator for the State of Alaska’s Department of Environmental Conservation (ADEC), responsible for all environmental programs in the South Central and Western parts of the State. Prior to his work with ADEC, he served as Legislative Director to U.S. Senator Ted Stevens.
Education
University of Colorado (B.A., Philosophy, 1984); George Washington University (J.D., with honors, 1988).
Admissions & Courts
Alaska; Washington.
Memberships
Alaska State Bar; Washington State Bar Association.
Representative Engagements
Advise a major oil pipeline on environmental matters, which have included:
participating in development of major air pollution control regulations and advice on implementing the resulting rules;
regulatory interpretations and air and wastewater permitting;
appeals of air permits;
advice on spill response, cleanup, and cost recovery; and
litigation (including appeals) over agency user fees, regulations, and rights of way.
Represent several owners of Cook Inlet, Alaska oil & gas facilities in connection with NPDES wastewater discharge permitting.
Represented several companies in negotiated settlements of wastewater discharge violations at multiple facilities.
Represented parties in several actions involving disputes over compliance with NEPA and its State law equivalents, including:
Represented four oil and gas producers in two successive federal appeals regarding federal wastewater discharge standards and the wastewater discharge permit applicable to their operations, and a third appeal of the state’s compliance with Coastal Zone Management Act requirements for wastewater permitting.
Successfully represented members of an industry coalition during an overhaul of Alaska’s air regulations.
Represent a refinery in opposing the ESA listing of a fish population that spawns near the facility.
Advise an Alaska utility on environmental matters affecting transmission, power plants and hydroelectric facilities, including: successful opposition to an ESA listing; advice on ESA and other issues associated with underwater transmission lines; assistance with wastewater and air permitting for power facilities; and assisting with the purchase of a federally-developed hydroelectric facility.
Represented a mining and smelting company in a successful contribution claim for environmental cleanup costs at two old smelter sites.
Represented a Port in a two-phase environmental cleanup cost recovery action for historic contamination of harbor facilities.
Member of the litigation team that represented a mining and smelting company in the largest natural resource damage claim taken to trial by the United States.
Successfully defended a Washington county in a class action asserting environmental claims related to the county’s landfill, resulting in a negotiated settlement of the plaintiffs’ claims on the verge of trial.
Successfully defended a national solid waste company in a class action seeking environmental damages; defeated class certification and then reached a negotiated settlement of the plaintiffs’ claims.
Coordinated land and water rights acquisition and environmental and land use permitting for a power plant that was to be located in Southeast Washington.
Speaking Engagements
