Kirk B. Maag

Partner

Portland, OR

Overview
Experience
Honors & Activities
Insights & Presentations

Overview

About Kirk

Kirk Maag brings a solutions-oriented approach to the practice of natural resources and environmental law. He has deep roots in Oregon agriculture and co-leads Stoel Rives’ firm-wide Agribusiness, Food, Beverage, and Timber industry group. Kirk grew up working on his family’s farm and feedlot in eastern Oregon. That real-world work experience shapes his understanding of the challenges clients face and influences his practical approach to problem solving. He recognizes that not every issue requires a complex legal solution, and this allows him to identify more straightforward, cost-effective solutions for clients.

Kirk’s practice involves advising clients in natural resource industries, including timber and forest products companies, agribusinesses, water suppliers, and manufacturers. He focuses on the needs of these industries and advises clients on issues related to water rights, farmland and timberland transactions, protected species, and solid waste regulations.

He discovered his passion for natural resources and environmental law and policy on the farm and at Oregon State University. This passion led him to Georgetown Law, where he began developing the foundation for his legal practice. Between graduating from law school and beginning work for Stoel Rives, Kirk clerked for Judge Carlos Bea on the Ninth Circuit Court of Appeals.

Before starting his legal career, Kirk served as a state officer for the Oregon Future Farmers of America (FFA) Association, and he currently serves as President of the Board of Directors for the Oregon FFA Foundation. In this role, he builds financial support for the Oregon FFA Association and advocate for agriculture, students, and rural communities. Kirk also serves as President of the Board of Directors for the Cultivating Change Foundation—a national non-profit with a mission to value and elevate LGBTQ agriculturists through advocacy, education, and community.

“Kirk Maag is a well-regarded water rights expert, frequently assisting water suppliers and municipalities with regulatory compliance, permitting and enforcement. He also has a strong track record in regulatory issues associated with solid waste. He is further noted for his depth of knowledge of the agribusiness and timber industry.

“‘He has a firm grasp of the law, facts and realities that face business owners dealing with water rights and is willing to explore creative solutions to issues that arise.’ ‘Kirk is a brilliant young attorney—a rising star.’”

—Chambers 2021

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Experience

Water Law

Regularly advises clients on water supply planning, water management and conservation, and compliance with laws related to water use.
Regularly works with clients to inventory and secure existing water rights, obtain new water rights, and transfer existing water rights to new uses.
Regularly advises property owners and prospective buyers regarding water rights associated with farm, ranch, commercial, industrial, and recreation properties as part of due diligence review.
Regularly advises irrigation districts and other quasi-municipal entities regarding compliance with public records and public meeting laws.
Regularly advises municipal water supplier on water rights matters, including long-term water supply planning and ongoing regulatory compliance.
Drafted policies for public bodies regarding public records obligations and document retention and destruction.
Representation of irrigation districts in connection with defense of citizen suits under Endangered Species Act (ESA).
Representation of irrigation district in state court litigation to secure access to potential reservoir site for purposes of surveying and testing.
Representation of irrigation district in state administrative proceeding to defend approval of water storage permit application.
Negotiation of numerous settlements with the Oregon Water Resources Department on behalf of water right holders.

Timber and Forest Products Industry

Representation of Green Diamond Resource Company in its acquisition of approximately 600,000 acres of timberland in southern Oregon and northern California.
Representation of Brookfield Asset Management Inc. in due diligence and real estate aspects of $2.65 billion sale of timberlands assets, including approximately 645,000 acres of Pacific Northwest timberlands.
Representation of Timberland Investment Management Organizations (TIMO) in multiple dispositions and acquisitions of timberlands in the Pacific Northwest and Southeast.
Regularly advises clients regarding developments in forest and range fire liability under state and federal law; assisted in drafting legislation to reform forest fire liability laws in Oregon and Washington.
Regularly advises clients that purchases state and federal timber regarding restrictions on the export of timber.
Representation of federal timber purchaser in connection with filing a demand letter and claim with the United States Forest Service to recover for injuries arising out of a federal timber sale contract.
Drafted Lacey Act compliance policy and agreements necessary to implement policy for importer of plant/wood products; advised clients on Lacey Act compliance.

Agricultural Industry

Regularly advises clients regarding compliance with laws related to labeling and use of fertilizers and pesticides; negotiated multiple settlements with state agencies.
Represented several clients in the acquisition and disposition of farmland and related assets.
Advised national food processor regarding compliance with Spill Prevention, Control, and Countermeasure (SPCC) rule and U.S. Department of Transportation (DOT) Hazardous Materials Regulations (HMR).
Assisted in prosecuting lawsuit regarding $350,000 claim by agricultural commodities wholesaler against debtor, including claims involving breach of contract and breach of personal guaranties.
Advised food processor regarding local, state, and federal permit requirements associated with development of processing facility.
Negotiation of successful resolution of Oregon Department of Agriculture’s suspension of a dairy’s license to sell milk.
Advised dairy regarding compliance with Confined Animal Feeding Operation (CAFO) permit.

Environmental Regulation Compliance

Regularly advises clients regarding compliance with solid waste regulations and permitting requirements, defend clients against related enforcement actions, and negotiate settlements related to alleged noncompliance.
Regularly provides regulatory compliance counseling to clients under the Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); and analogous state laws.
Advised multiple clients regarding the transportation of hazardous materials under state and federal regulatory programs, including requirements prescribed by the U.S. Department of Transportation’s (DOT) Hazardous Materials Regulations (HMR).
Advised clients and drafted public comments regarding the proposed listing of a species as threatened under the Endangered Species Act (ESA) by the U.S. Fish and Wildlife Service (USFWS) and the proposed designation of critical habitat for the species.
Drafted comments on draft environmental assessment (EA) for proposed hardrock prospecting project on federal land and advised client regarding National Environmental Policy Act (NEPA) procedures and requirements.
Advised client facing regulatory deadline regarding the transportation of hazardous materials to disposal facility consistent with Resource Conservation and Recovery Act (RCRA) regulations.
Advised client regarding potential fair notice defense to enforcement action by federal regulatory agency.
Advised client regarding potential claim for natural resource damages (NRD) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Oregon law.

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Honors

Honors & Activities

Professional Recognition

Named by Best Lawyers^® as Environmental Law “Lawyer of the Year,” Portland, 2023
Included in The Best Lawyers in America^® (currently: Environmental Law), 2019–2023
Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Environment), 2016–2022
Listed among Rising Stars (Environmental) Oregon Super Lawyers^®, 2019–2020
Named a Law360 Rising Star (Environmental Law), 2020
Shortlisted for Chambers Diversity & Inclusion Awards, USA 2019 as LGBT+ Equality Lawyer of the Year
Selected by the Portland Business Journal as a Forty Under 40 honoree, 2018

Professional and Civic Activities

Executive Committee, Oregon State Bar Environmental & Natural Resources Section
Member, Oregon State Bar Agricultural Law Section
Member, Oregon State Bar Real Estate & Land Use Section
President, Oregon FFA (Future Farmers of America) Joint Board
President, Oregon FFA Foundation
Chair, Search Committee, Oregon FFA CEO, 2019
President, Cultivating Change Foundation
Board Member, Oregon Water Resources Congress
Alumni Advisor for Phi Gamma Delta Fraternity (Oregon State University), 2011–2018; Durrance Award Recipient (Outstanding Alumni Advisor), 2016–2017
Member, Search Committee, Oregon State University Director of Center for Fraternity and Sorority Life, 2014, 2015
State Officer, Oregon FFA Association, 2000–2001

Clerkship

Law Clerk, Judge Carlos T. Bea, United States Court of Appeals for the Ninth Circuit (2009–10)

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Insights & Presentations

Program co-chair, Pacific Northwest Timberlands Management: Regulations, Litigation, and Business Considerations, The Seminar Group, March 3–4, 2022
Co-author, “3 questions to ask about water rights as Oregon experiences continued drought,” Portland Business Journal, July 1, 2021
Moderator, “Environmental Policy under the Biden Administration,” Business & The Environment CONFERENCE · EXPO, NEBC Virtual Event, December 9, 2020
Presenter, “Willamette Basin Litigation and Policy Updates,” 29th Annual Oregon Water Law Conference, The Seminar Group, Portland, OR, November 6, 2020
Chair and presenter, “Introduction and Overview,” “Case Study in Water Supply and Development: East Valley Water District,” 3rd Annual Agricultural Law Seminar, The Seminar Group, July 23–24, 2020
Presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp on Environmental Law^®, March 25, 2020
Chair and moderator, “Introduction and Overview” and “Industry Trends: Executive Perspectives,” Pacific Northwest Timberlands Management Seminar, The Seminar Group, March 12–13, 2020
Presenter, “Legal Issues Impacting Irrigated Agriculture,” Northwest Irrigation Operators, Inc. 69th Biennial Conference, Boise, ID, February 2020
Co-author, “Elliot Forest Not for Sale: Oregon Supreme Court Upholds Constitutionality of ORS 530.450,” Oregon Real Estate and Land Use Digest, December 2019
Presenter, “RCRA: Dangerous Waste Fundamentals,” Business & The Environment CONFERENCE · EXPO, Portland, OR, December 10, 2019
Co-Presenter, “Habitat Conservation Plans in Oregon,” 23rd Annual Oregon Land Use Law Seminar, The Seminar Group, Portland, OR, December 5, 2019
Presenter, “The Commission Doesn’t Give a Dam,” Oregon Water Resources Congress Annual Conference, Hood River, OR, December 3, 2019
Presenter, “Federal Reserved Water Rights 101,” 28th Annual Oregon Water Law Conference, The Seminar Group, Portland, OR, November 14, 2019
Presenter, “Privilege, Public Records & Public Meetings,” Annual Office Staff Workshop, Oregon Water Resources Congress, Redmond, OR, July 30, 2019
Chair and presenter, “Introduction and Overview,” “Water Law,” 2nd Annual Agricultural Law Seminar, The Seminar Group, Bend, OR, July 25–26, 2019
Co-author, “Addressing rural Oregon’s talent gap with careful transition planning,” Portland Business Journal, June 28, 2019
Co-presenter, “Environmental Regulation under the @realDonaldTrumpAdministration,” Food + Beverage Environmental Conference, New Orleans, LA, April 1, 2019
Presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp on Environmental Law^®, March 27, 2019
Co-presenter, “LGBTQ Diversity in the Agriculture and Forest Products Industries,” REAL Oregon, Salem, OR, March 12, 2019
Keynote Speaker, Careers in Agriculture Conference, Oregon Agriculture in the Classroom, Salem, OR, January 18, 2019
Presenter, “Environmental Policy Under the Trump Administration,” Business & The Environment CONFERENCE · EXPO, Portland, OR, December 11, 2018
Presenter, “Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 29, 2018
Co-presenter, “How Many Lawyers Does It Take to Keep Your Ditch Out of Trouble?” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 27, 2018
Presenter, “Water Law Practical Skills and Technical Considerations,” 27th Annual Oregon Water Law Conference, The Seminar Group, Portland, OR, November 8, 2018
Presenter, “Hot Topics in Endangered Species Act Litigation,” American Agricultural Law Association: 2018 Annual Education Symposium, Portland, OR, October 27, 2018
Co-author, “Deeply Rooted in Oregon: Our Agribusiness and Natural Resource Industries,” Portland Business Journal, October 12, 2018
Co-author, “Selling the Elliott (Or Not),” Oregon Real Estate and Land Use Digest, Section on Real Estate and Land Use, Oregon State Bar, October 2018
Chair and presenter, “Introduction and Overview,” “Environmental Law Update—ESA,” Agricultural Law, The Seminar Group, Bend, OR, July 20, 2018
Co-author, “Federal Government Allowed to Join Texas in Claims Against New Mexico for Breach of Water Compact,” Oregon Real Estate and Land Use Digest, Section on Real Estate and Land Use, Oregon State Bar, June 2018
Chair and presenter, “Rights and Duties Related to Flood Waters,” Easements and Access, The Seminar Group, Portland, OR, June 7, 2018
Presenter, “Environmental Regulation Under the @realDonaldTrump Administration,” Food + Beverage Environmental Conference, Albuquerque, NM, March 26, 2018
Co-presenter, “Deschutes River Basin Update,” The Mighty Columbia, The Seminar Group, Portland, OR, March 23, 2018
Presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp on Environmental Law^®, March 21, 2018
Author, “Don’t Get Locked Out: Securing Access with Easements,” Western Forester, January-February-March 2018
Presenter, “Legal Issues Impacting Irrigated Agriculture,” Northwest Irrigation Operators, Inc. 68th Biennial Conference, Boise, ID, February 2018
Author, “Timberlands Regulation Under the @realDonaldTrump Administration,” Western Forester, November-December 2017
Presenter, “RCRA/TSCA: Change is the Only Constant,” Northwest Environmental Conference & Tradeshow, Portland, OR, December 5, 2017
Presenter, “Legal Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 30, 2017
Presenter, “Flood Waters, Drainage, and Easements Related to Water,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 28, 2017
Co-presenter, “CERCLA Liability of U.S. Government as Owner, Operator or Arranger for Clean-Up Cost and NRD on Public Lands,” Strafford Publications, November 21, 2017
Presenter, “Flood Waters, Rights, and Duties,” Oregon Water Law Conference, The Seminar Group, November 2, 2017
Presenter, “New Public Records Requirements for Public Bodies,” Water Law Seminar, Oregon Water Resources Congress, Redmond, OR, October 5, 2017
Presenter, “Timberland Regulation Under the Trump Administration,” Who Will Own the Forest?, World Forestry Institute, September 13, 2017
Presenter, “Public Records and Public Meetings,” Annual Office Staff Workshop, Oregon Water Resources Congress, Redmond, OR, July 24, 2017
Presenter, “Easements Related to Water,” Annual Manager’s Meeting, Oregon Water Resources Congress, Lincoln City, OR, March 23, 2017
Presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp on Environmental Law^®, March 15, 2017
Presenter, “ESA Update: Listing and De-Listing Efforts, Habitat Conservation Plans,” Agriculture Law, The Seminar Group, February 16, 2017
Presenter, “Water Easements,” Easements in Oregon, The Seminar Group, February 10, 2017
Presenter, “When Does Data Become Public Information,” Northwest Environmental Conference & Tradeshow, Portland, OR, December 6, 2016
Presenter, “Key Legal Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 29, 2016
Co-presenter, “Deschutes River Basin: Oregon Spotted Frog and Impact on Central Oregon,” The Mighty Columbia, The Seminar Group, Seattle, WA, October 28, 2016
Presenter, “Hot Topics: Endangered Species Act,” Environmental Law: Year in Review, Environmental and Natural Resources Section of the Oregon State Bar, Portland, OR, October 14, 2016
Co-author, “Expanding Overtime to Farmworkers: Will California Start a Trend?” Stoel Rives World of Employment blog, September 26, 2016
Author, “Court Uses Climate Change to Sharpen ESA’s Claws,” Washington Legal Foundation, July 2016
Presenter, “Lessons Learned: What Freedom to Marry Taught Us About Successful Advocacy Campaigns,” Cultivating Change Summit, June 2016
Presenter, “Water Easements,” Easements and CCRs in Oregon, The Seminar Group, Portland, OR, April 27, 2016
Presenter, “Water Rights and Drought in Timberlands Management,” Pacific Northwest Timberlands Management, The Seminar Group, Portland, OR, April 1, 2016
Co-presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp, San Francisco, CA, March 16, 2016
Presenter, “Panel of Attorneys-Oregon Water Issues,” Northwest Irrigation Operators, Inc. 66th Biennial Conference, Boise, ID, February 2016
Moderator, “Western Drought—Reshaping the Northwest,” Northwest Environmental Conference & Tradeshow, Portland, OR, December 8, 2015
Presenter, “Key Legal Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, December 2, 2015
Presenter, “Public Records and Open Meetings: Removing the Haze from Government Transparency Requirements,” Oregon Water Resources Congress Annual Conference, Hood River, OR, December 1, 2015
Presenter, “Water Rights 101,” Chemeketa Community College AgriBusiness Management Program, Salem, OR, November 17, 2015
Presenter, “Hot Topics in the Development of New Water Storage,” Oregon Water Law Conference, The Seminar Group, Portland, OR, November 13, 2015
Presenter, “Public Records and the Consultant/Attorney Team: Removing the Haze from Government Transparency Requirements,” Portland, OR, October 27, 2015
Presenter, “RCRA 101: A 10-minute Introduction to the Resource Conservation and Recovery Act,” Environmental Law: Year in Review, Environmental and Natural Resources Section of the Oregon State Bar, Portland, OR, October 23, 2015
Author, “Water Rights and Transactions,” Oregon Real Estate Deskbook, 2015 Edition
Presenter, “2015 Legal Update: Water, Fire, and Critters,” 2015 OSCPA Forest Products Conference, Oregon Society of Certified Public Accountants, Eugene, OR, June 26, 2015
Author, “The State’s Property Interest in Wildlife,” Oregon Real Estate and Land Use Digest, May 2015
Presenter, “Water Rights 101,” Quarterly Meeting of Ag Advisors of the Willamette Valley (co-panelists included former and current Director of Oregon Water Resources Department), Salem, OR, May 14, 2015
Presenter, “Water Rights & Watercourses: Ownership, Allocation Systems, & Property Boundaries,” Determining Land Ownership and Access Rights, HalfMoon Education, Inc., Portland, OR, December 5, 2014
Presenter, “Oregon Spotted Frog: The Newest Challenge for Deschutes Basin Irrigators,” Jefferson County Farm Bureau Annual Meeting, Madras, OR, November 22, 2014
Presenter, “Spill Prevention, Control, and Countermeasure (SPCC) Plans,” Lunch Workshop Series, Stoel Rives Environment, Land Use and Natural Resources Group, Portland, OR, November 19, 2014
Presenter, “Legal Issues: Measure 91, Smudge Pots & More,” Operations and Maintenance Workshop, Oregon Water Resources Congress, Forest Grove, OR, November 17, 2014
Presenter, “What is ‘Injury’? A New Look at an Old Concept,” Oregon Water Law Conference, The Seminar Group, Portland, OR, November 6, 2014
Presenter, “PRP Claims under CERCLA: The Rules Continue to Change,” Environmental Law: Year in Review, Environmental and Natural Resources Section of the Oregon State Bar, Portland, OR, October 24, 2014
Presenter, “Water Rights 101 & the Klamath Basin Adjudication,” Oregon State University, Corvallis, OR, June 2, 2014
Presenter, “Hot Topics in Oregon Water Law,” Northwest Irrigation Operators Conference, Boise, ID, February 12, 2014
Presenter, “Water Rights 101 & the Klamath Basin Adjudication,” Western Resources Legal Center, Portland, OR, February 5, 2014
Moderator, “Environmental, Health & Safety Audits & Inspections—Avoiding and Managing Surprises,” Northwest Environmental Conference & Tradeshow, Portland, OR, December 10, 2013
Presenter, “What Irrigation Districts Should Know About Easements II,” Oregon Water Resources Congress Annual Conference, Hood River, OR, December 3, 2013
Co-author, “Tools for Managing and Protecting Water Rights in Oregon,” Irrigation Leader, 2013
Presenter, “Water Law 101,” Oregon Water Law Conference, The Seminar Group, Portland, OR, November 7, 2013
Presenter, “Nonessential Experimental Population Designation: A Win-Win for Water Users and Steelhead,” Fisheries & Hatcheries: Legal and Regulatory Frameworks, The Seminar Group, Seattle, WA, September 19, 2013
Presenter, “2013 in Review: Water-Related Bills in the Oregon Legislature, New Rules, and the Klamath Basin,” Water Laws and Regulations, HalfMoon Education, Inc., Portland, OR, August 22, 2013
Author, Quarterly reports on Oregon water law for Water Law Newsletter, publication of Rocky Mountain Mineral Law Foundation, 2012-present
Presenter, “What Irrigation Districts Should Know About Easements,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 27, 2012
Presenter, “Protecting the Attorney-Client Privilege,” presentation to Maul Foster & Alongi, 2012
Author, “ESA Experimental Population: NMFS’ First Proposed Designation a Win-Win for Water Users and Steelhead,” The Water Report, 2011
Author, “Climate Change Litigation: Drawing Lines to Avoid Strict, Joint, and Several Liability,” Georgetown Law Journal, 2009
Co-author, “Securing Access to Forestlands,” Northwest Woodlands, Summer 2008, and Western Forester, September-October 2008