Environmental Law

Diana Bob has a Juris Doctorate with an Environmental Law Certificate. Her particular focus is on helping clients navigate federal law as it applies to Indian tribes, tribal lands and natural resources. As an enrolled member of the Lummi Nation, Diana is uniquely qualified to work with tribal communities and negotiate agreements between tribal and non-tribal parties.

Environmental Law and Permitting

Diana’s transactional and permitting experience includes most generally applicable environmental laws. She has experience with the application of NEPA (National Environmental Policy Act), NHPA (National Historic Preservation Protection Act), the CWA (the Clean Water Act), and other federal environmental laws on tribal lands. Her experience also relates to state laws that intersect with the federal environmental laws.

Natural Resources

Diana worked with a tribal client on the proposed Gateway Pacific Terminal coal export terminal in Washington State, a project that invoked federal trust responsibility duties, tribal treaty rights, and the entire suite of federal and local environmental laws.

Diana advises tribal clients on state and federal development permits for aquaculture projects.

Utilities

Diana has provided advice and counsel to utilities that have assets on or near tribal lands. This work has included consultation with tribes and negotiation of rights-of-way agreements.

Diana has experience working with the Bureau of Indian Affairs, Bureau of Ocean Energy Management, the Federal Energy Regulatory Commission and the Department of Energy on energy projects potentially affecting tribal interests.

Diana worked with a tribal client in assessing potential joint venture partners for a renewable energy project and developed the feasibility and permitting strategies.

Water

Diana has significant experience in Indian water law and federally reserved water rights. She has negotiated and implemented water rights settlements. Her experience also includes drafting and implementing tribal water codes and related tribal regulations.

Diana understands the impact of the Clean Water Act and water quality law on tribal interests. She developed the first tribally-sponsored wetland mitigation bank and provided legal counsel for “treatment as state” certification for tribal water quality regulations.

In addition, Diana has experience representing tribal interest in the state rulemaking process for state water quality standards.