Kirk B. Maag

Kirk Maag brings a solutions-oriented approach to the practice of natural resources and environmental law. He has deep roots in Oregon agriculture. 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 advises clients on issues related to water rights, farmland and timberland transactions and operations, protected species, and solid waste regulations.

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Education

Georgetown University Law Center, J.D., 2009, magna cum laude; Order of the Coif; Editor-in-Chief, Georgetown Law Journal's Annual Review of Criminal Procedure

Oregon State University, B.S., Environmental Economics, Policy and Management, 2006, summa cum laude

Admissions

Oregon

United States District Court for the District of Oregon

United States Court of Appeals for the Ninth Circuit

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

• Regularly represents timber and forest products companies, investment advisors, and asset managers regarding the acquisition and disposition of timberlands, including leading transaction teams to draft and negotiate purchase and sale agreements, oversee due diligence review, and manage transactions through closing, with transaction size ranging from under $1 million to $400+ million.
• Regularly advises timber and forest products companies and asset managers regarding operation of timberlands and regulatory compliance matters.  
• 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 represents agribusinesses, investment advisors, and asset managers regarding the acquisition, disposition, and leasing farmland, including leading transaction teams to draft and negotiate purchase and sale agreements and leases, oversee due diligence review, and manage transactions through closing, with transaction size ranging from under $1 million to $50+ million.
• Regularly advises agribusinesses and asset managers regarding operation of farmland and regulatory compliance matters.
• Regularly advises clients regarding compliance with laws related to labeling and use of fertilizers and pesticides; negotiated multiple settlements with state agencies.
• 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, defends clients against related enforcement actions, and negotiates 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).

Insights & Presentations

• Moderator, “The Future of Water Supply and Regulation: An Oregon Perspective,” Business & The Environment CONFERENCE · EXPO, Northwest Environmental Business Council (NEBC), December 5, 2023
• Presenter, “Legal Issues Affecting the Timber and Forest Products Industry,” OSCPA 2023 Forest Products Conference, Oregon Society of Certified Public Accountants, Eugene, OR, June 29, 2023
• Presenter, “Legal Update: Recent Cases & Decisions Affecting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, November 29, 2022
• Program co-chair, Pacific Northwest Timberlands Management: Regulations, Litigation, and Business Considerations, The Seminar Group, March 3–4, 2022
• Presenter, “Legal Update: Cases, Decisions, and Legislation Impacting Irrigated Agriculture,” Oregon Water Resources Congress Annual Conference, Hood River, OR, December 1, 2021
• Co-author, “3 questions to ask about water rights as Oregon experiences continued drought,” Portland Business Journal, July 1, 2021
• Presenter, “Resource Conservation and Recovery Act,” ELI Western Boot Camp on Environmental Law^®, March 23, 2021
• Moderator, “Environmental Policy under the Biden Administration,” Business & The Environment CONFERENCE · EXPO, NEBC Virtual Event, December 9, 2020
• Presenter, “The Future of Stored Water Supplies: The Agricultural Perspective,” 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

Podcasts

• Named by Best Lawyers^® as Environmental Law “Lawyer of the Year,” Portland, 2023
• Included in The Best Lawyers in America^® (Environmental Law), 2019–present
• Selected as one of “America’s Leading Lawyers for Business” (Oregon) by Chambers USA (Environment), 2016–present
• Named an Alumni Fellow by the Oregon State University Alumni Association, 2024
• 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

• Oregon State Bar Environmental & Natural Resources Section, Member
• Oregon State Bar Agricultural Law Section, Member
• Oregon State Bar Real Estate & Land Use Section, Member
• Oregon Water Resources Congress, Board Member

Civic

• Oregon FFA (Future Farmers of America) Joint Board, Chair
• Oregon FFA Foundation, Board Member and former Chair
• Cultivating Change Foundation, Chair
• Oregon FFA CEO, Search Committee, former Chair
• Phi Gamma Delta Fraternity (Oregon State University), former Alumni Advisor; Durrance Award Recipient (Outstanding Alumni Advisor), 2016–2017
• Oregon State University Director of Center for Fraternity and Sorority Life, Search Committee,  former Member
• Oregon FFA Association, former State Officer