Kirk B. Maag

Kirk B. Maag
Partner
Portland, OR
Overview

About Kirk

I bring a solutions-oriented approach to the practice of natural resources and environmental law. My practice involves advising clients in natural resource industries, including water suppliers, forest products companies, agribusinesses, and manufacturers. I focus on the needs of those industries and advise my clients on water rights, real property transactions in the forest products and agricultural industries, and local, state, and federal regulations that affect the storage, transportation, disposal, and cleanup of solid and hazardous wastes.

I grew up working on my family’s farm and feedlot in eastern Oregon. That real-world work experience shapes my understanding of the challenges clients face and my practical approach to problem solving. I recognize that not every issue requires a complex legal solution, and this allows me to identify more straightforward, cost-effective solutions for my clients.

I discovered my passion for natural resources and environmental law and policy on the farm and at Oregon State University. This passion led me to Georgetown Law where I began developing the foundation for my current legal practice.

Before starting my legal career, I served as a state officer for the Oregon Future Farmers of America (FFA) Association, and I currently serve on the Board of Directors for the Oregon FFA Foundation.  In this role, I build financial support for the Oregon FFA Association and advocate for agriculture, students, and rural communities.

“‘Brilliant young attorneyKirk Maag is an associate with an emerging reputation for his ability in an array of environment matters. Among his areas of expertise are hazardous waste, water rights and timberland issues.” - Chambers 2016         
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Experience

Experience

Water Law

  • Regularly counsel irrigation districts and individual water users to inventory and secure existing water rights, obtain new water rights and transfer existing water rights to new uses.
  • Regularly advise potential property buyers regarding water rights associated with farm, ranch, and recreation properties as part of due diligence review.
  • Regularly advise irrigation districts and other quasi-municipal entities regarding compliance with public records and public meeting laws.
  • Represented irrigation districts in connection with defense of citizen suits under Endangered Species Act (ESA).
  • Represented irrigation district in state court litigation to secure access to potential reservoir site for purposes of surveying and testing.
  • Negotiated settlement of contested case related to an instream transfer of water rights.
  • Represented municipal water supplier in drafting and obtaining approval of a Water Management and Conservation Plan and in applying for an extension of a water use permit.

Timber Industry

  • Represented Green Diamond Resource Company in its acquisition of approximately 600,000 acres of timberland in southern Oregon and northern California.
  • Represented 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.
  • Represented Timberland Investment Management Organization (TIMO) in the auction sale of approximately 5,600 acres of timberlands and related assets in northwest Oregon.
  • Advised clients regarding developments in forest and range fire liability under state and federal law and assisted in drafting legislation to reform forest fire liability in Oregon and Washington.
  • Advised client that purchases state and federal timber regarding restrictions on the export of timber.
  • Represented 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.

Agricultural Industry

  • Advised national food company 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.
  • Negotiated 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

  • 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

  • Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (currently: Environment), Associates to Watch, 2016, Recognized Practitioner, 2017

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
  • Board Member, Oregon FFA (Future Farmers of America) Foundation
  • Board Member, Cultivating Change Foundation
  • Board Member, Oregon State University Fraternity/Sorority Alumni Board
  • Alumni Advisor for Phi Gamma Delta Fraternity (Oregon State University) 
  • Member, Search Committee, Oregon State University Director of Center for Fraternity and Sorority Life (2014, 2015)
  • State Officer, Oregon FFA Association (2000-01)

Clerkship

  • Law Clerk, Judge Carlos T. Bea, United States Court of Appeals for the Ninth Circuit (2009-10) 
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Insights & Presentations

Insights & Presentations

  • Presenter, “Lessons Learned: What Freedom to Marry Taught Us About Successful Advocacy Campaigns,” Cultivating Change Summit, June 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,” The Seminar Group: Agriculture Law, Feb. 16, 2017
  • Presenter, “Water Easements,” The Seminar Group: Easements in Oregon, Feb. 10, 2017
  • Presenter, “When Does Data Become Public Information,” Northwest Environmental Conference & Tradeshow, Portland, Oregon, Dec. 6, 2016
  • Presenter, “Key Legal Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, Oregon, Nov. 29, 2016
  • Co-presenter, “Deschutes River Basin:  Oregon Spotted Frog and Impact on Central Oregon,” The Mighty Columbia, The Seminar Group, Seattle, Washington, Oct. 28, 2016
  • Presenter, “Hot Topics: Endangered Species Act,” Environmental Law: Year in Review, Environmental and Natural Resources Section of the Oregon State Bar, Portland, Oregon, Oct. 14, 2016
  • Co-author, "Expanding Overtime to Farmworkers: Will California Start a Trend?" Stoel Rives World of Employment Blog, Sept. 26, 2016 
  • Author, “Court Uses Climate Change to Sharpen ESA’s Claws,” Washington Legal Foundation, July 2016
  • Presenter, “Water Easements,” Easements and CCRs in Oregon, The Seminar Group, Portland, Oregon, April 27, 2016
  • Presenter, “Water Rights and Drought in Timberlands Management,” Pacific Northwest Timberlands Management, The Seminar Group, Portland, Oregon, April 1, 2016
  • Co-presenter, "Resource Conservation and Recovery Act," ELI Western Boot Camp, San Francisco, Calif., March 16, 2016
  • Presenter, "Panel of Attorneys-Oregon Water Issues," Northwest Irrigation Operators, Inc. 66th Biennial Conference, Boise, Idaho, Feb. 2016
  • Moderator, “Western Drought – Reshaping the Northwest,” Northwest Environmental Conference & Tradeshow, Portland, Oregon, Dec. 8, 2015
  • Presenter, “Key Legal Cases and Issues Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, Oregon, Dec. 2, 2015
  • Presenter, “Public Records and Open Meetings: Removing the Haze from Government Transparency Requirements,” Oregon Water Resources Congress Annual Conference, Hood River, Oregon, Dec. 1, 2015
  • Presenter, “Water Rights 101,” Chemeketa Community College AgriBusiness Management Program, Salem, Oregon, Nov. 17, 2015
  • Presenter, “Hot Topics in the Development of New Water Storage,” Oregon Water Law Conference, The Seminar Group, Portland, Oregon, Nov. 13, 2015
  • Presenter, “Public Records and the Consultant/Attorney Team: Removing the Haze from Government Transparency Requirements,” Portland, Oregon, Oct. 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, Oregon, Oct. 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, Oregon, 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 (copanelists included former and current Director of Oregon Water Resources Department), Salem, Oregon, May 14, 2015
  • Presenter, “Water Rights & Watercourses: Ownership, Allocation Systems, & Property Boundaries,” Determining Land Ownership and Access Rights, HalfMoon Education, Inc., Portland, Oregon, Dec. 5, 2014
  • Presenter, “Oregon Spotted Frog: The Newest Challenge for Deschutes Basin Irrigators,” Jefferson County Farm Bureau Annual Meeting, Madras, Oregon, Nov. 22, 2014
  • Presenter, “Spill Prevention, Control, and Countermeasure (SPCC) Plans,” Lunch Workshop Series, Stoel Rives Environment, Land Use and Natural Resources Group, Portland, Oregon, Nov. 19, 2014
  • Presenter, “Legal Issues: Measure 91, Smudge Pots & More,” Operations and Maintenance Workshop, Oregon Water Resources Congress, Forest Grove, Oregon, Nov. 17, 2014
  • Presenter, “What is ‘Injury’? A New Look at an Old Concept,” Oregon Water Law Conference, The Seminar Group, Portland, Oregon, Nov. 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, Oregon, Oct. 24, 2014
  • Presenter, “Water Rights 101 & the Klamath Basin Adjudication,” Oregon State University, Corvallis, Oregon, June 2, 2014
  • Presenter, “Hot Topics in Oregon Water Law,” Northwest Irrigation Operators Conference, Boise, Idaho, Feb. 12, 2014
  • Presenter, “Water Rights 101 & the Klamath Basin Adjudication,” Western Resources Legal Center, Portland, Oregon, Feb. 5, 2014 
  • Moderator, “Environmental, Health & Safety Audits & Inspections – Avoiding and Managing Surprises,” Northwest Environmental Conference & Tradeshow, Portland, Oregon, Dec. 10, 2013
  • Presenter, “What Irrigation Districts Should Know About Easements II,” Oregon Water Resources Congress Annual Conference, Hood River, Oregon, Dec. 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, Oregon, Nov. 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, Washington, Sept. 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, Oregon, Aug. 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, Oregon, Nov. 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, Sept.-Oct. 2008



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