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Erin J. Greten*

Of Counsel

Erin Greten is a member of Baker Donelson's Disaster Recovery and Government Services Team and focuses her practice on disaster response and recovery assistance laws, contracting, and public policy. Her experience provides her with in-depth knowledge of FEMA's programs and a broad, practical understanding of federal operations, including audits, administrative procedures, and financial processes.

Overview


  • Naval Postgraduate School, Center for Homeland Defense/Security, Executive Leadership Graduate, 2011
  • Catholic University of America, J.D., 2001
  • James Madison College, Michigan State University, B.A., 1997
  • Maryland, 2001
  • Michigan, 2017
  • Virginia, 2019
  • U.S. Supreme Court, 2005

Erin Greten serves clients by applying her practical experience with federal grants and administrative law to identify creative ways to apply for federal assistance, comply with federal assistance agreements, create assistance programs, and resolve disputes with awarding agencies. She primarily represents public and private non-profit entities throughout the country, guiding them through complex federal and state regulatory frameworks to secure and retain federal disaster relief funding.

Erin is passionate about helping her clients understand the resources available to them following a disaster and comply with the rules and requirements that attach to those resources. She enjoys simplifying and solving complex problems, assisting communities in need, and helping federal agencies and survivors understand each other. She often informally resolves misunderstandings between federal agencies and aid recipients and subrecipients. Erin also formally appeals and arbitrates disputes with the goal of maximizing assistance in compliance with the law.

Erin came to Baker Donelson following public service. While at FEMA, she served as a resource to others, often tackling the most complicated and challenging issues. She worked to create new programs, remove barriers to assistance, find creative ways to solve problems, maximize limited resources, and document the legal basis for decisions to reduce risk. Erin spent five years as FEMA's Associate Chief Counsel for Regional & Field Operations, where she oversaw the on-scene delivery of legal services during all presidentially declared disasters and emergencies nationwide. She also managed the delivery of legal services in FEMA's ten regional offices. Before serving in that role, Erin spent three years as FEMA's Deputy Associate Chief Counsel for Recovery. She was the principal legal advisor for FEMA's disaster recovery programs, including Public Assistance, Individual Assistance, Fire Management Assistance Grants, and Community Disaster Loans. She began her time with FEMA after being detailed from the U.S. Coast Guard to run FEMA's regulatory program. What began as a 60-day detail away from her role as Coast Guard regulatory counsel turned into three years serving as FEMA's Assistant Chief Counsel for Regulation & Policy. In that position, she managed the agency's regulatory program and developed process improvements, including the introduction of data-based decision-making.

She left FEMA in 2018 to serve as the career senior executive Chief Counsel of the First Responder Network Authority. There, she proactively managed and resolved legal issues of all types for the federal agency responsible for the nationwide public safety broadband network known as FirstNet. In 2021, during the unprecedented nationwide COVID-19 public health emergency, Erin joined Baker Donelson. Her goal was to help hospitals and communities use financial assistance from FEMA, the U.S. Small Business Administration, the U.S. Treasury, the U.S. Department of Health and Human Services, and others to get through the pandemic. She helped public entities and private non-profits properly procure, document, justify, and get reimbursed for hundreds of millions spent to safely open, operate, prevent the spread, and treat patients in the COVID-19 environment. While with the Firm, she has also helped federal grant recipients and subrecipients recover from more traditional events like Hurricanes Irma, Maria, Harvey, Michael, Dorian, Ian, and Helene and devastating wildfires in Hawaii, Oregon, and Texas.

In addition to her private practice, Erin served as an adjunct professor at the George Washington University Law School. For several years, she taught a full-semester course, Law of Emergencies: Natural Disasters, Climate Crises, Pandemics, and Beyond. The course surveyed the laws, regulations, and policy considerations applicable to emergency management, and the legal challenges encountered in response, recovery, insurance, preparedness, and mitigation. Although she recently stepped away from her professorial role, Erin continues to publicly teach, speak, and write about disaster recovery legal issues.

  • Successfully appealed a FEMA ineligibility determination for a private non-profit health care provider and provided subsequent compliance guidance and claim support for dozens of claims filed in multiple FEMA regions. This resulted in our client receiving hundreds of millions in COVID-19 FEMA Public Assistance funding for the majority of its submitted projects.

  • Provided procurement, environmental, and program compliance advice to U.S. territory clients severely impacted by the 2017 hurricane season. Services included the review and revision of high-dollar procurement actions for compliance with FEMA requirements; advice regarding various issues of FEMA eligibility; and the development of new policies and the improvement of existing policies and procedures to mitigate future compliance issues.

  • Regularly draft, review, and revise procurement policies, requests for proposals, invitations to bid, and contracts for compliance with federal procurement standards under 2 C.F.R. Part 200. Collaborated with two different California firms to develop procurement policies and template contracts for subrecipients in California implementing two different types of wildfire mitigation programs using state grants.

  • Represented a Colorado county impacted by wildfires in arbitration before the Civilian Board of Contract Appeals, resulting in full award of all costs claimed for removal of hazardous trees along private roads.

  • Successfully appealed a borrower's U.S. Small Business Administration Paycheck Protection Program loan forgiveness dispute regarding the applicant's non-profit status and accounting practices, resulting in full forgiveness of the loan by the SBA.

  • Advised a non-profit FEMA grant recipient as it developed a novel disaster preparedness subgrant program.

  • Assisted a private non-profit applicant following the Maui Wildfire and helped them understand and comply with emergency assistance requests and the FEMA claims process.

  • Supported multiple for-profit lending institutions seeking to understand the FEMA Public Assistance program as they evaluated borrower risk.

  • Favorably settled a FEMA arbitration involving application of the Public Assistance 50 Percent Rule, with FEMA agreeing to fund replacement and financing costs incurred by a Florida city to replace the dock attenuator system for the city's marina; a revision from the original "repair-only" determination worth approximately $6 million.

  • Recipient – Baker Donelson Washington, D.C. Office Pro Bono Award (2023)
  • FEMA Administrator's Award for Innovation (2013)
  • DHS Service Award for Superior Mission Achievement (2010)

Disclaimer

*

Baker Donelson attorney admitted to the practice of law in Maryland, Virginia, and Michigan; not admitted to the practice of law in the District of Columbia. Practice supervised by D.C. Bar members and limited to matters before federal courts, federal agencies, and District of Columbia agencies.

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