James S. Kincaid

Practice Areas

• Energy and Public Utility Law
• Environmental and Natural Resources Law
• Hazardous and Solid Waste
• Land Use
• Litigation
• Municipal Law

Education

• University of Oregon, B.S., 1983
• Northwestern School of Law of Lewis & Clark College, J.D., 1987, magna cum laude

Professional Experience

Jim Kincaid focuses his practice on environmental and natural resources law and administrative practice and procedure, with an emphasis on matters related to the federal Clean Water Act, the Endangered Species Act, and Oregon’s water pollution control laws. He represents clients in permitting, enforcement, and proceedings for contested cases before state and federal agencies and in litigation brought by citizens under the Clean Water Act.

In addition, Mr. Kincaid has developed special expertise in:

• The regulation of hazardous waste under the federal Resource Conservation and Recovery Act and related Oregon laws.
• The remediation of hazardous substance releases pursuant to the federal Comprehensive Environmental Response, Compensation, and Recovery Act and related Oregon laws.

Representative Work

• Represents clients dealing with Clean Water Act NPDES and Section 404 permitting, the Endangered Species Act, and the development of Total Maximum Daily Loads under the federal Clean Water Act and Oregon ’s water pollution control laws.
• Works with electric utilities on permitting, compliance, and enforcement issues related to the Endangered Species Act for the siting and permitting of gas-fired generation projects and in the relicensing of hydroelectric facilities under the Federal Power Act.
• Assists clients with the management, transportation, and disposal of hazardous waste and the remediation of contaminated soil and ground water resources caused by the release of hazardous substances.

Professional Activities

• Member, Oregon Association of Clean Water Agencies
• Member, Oregon Association of Clean Water Agencies, Legal Committee
• Member, Oregon Department of Environmental Quality, Willamette River TMDL Advisory Council
• Chair, Oregon Department of Environmental Quality, Dry Cleaner Advisory Committee
• Member, Oregon Department of Environmental Quality, Voluntary Cleanup Program Focus Group
• Member, Oregon State Bar, Real Estate & Land Use; Energy, Telecom & Utility Law; and Environmental & Natural Resources Sections
• American Bar Association, Environment, Energy and Resources and Administrative Law and Regulatory Practice Sections
• Member, Associated Oregon Industries, Environmental Committee
• Past Chair, Associated Oregon Industries, RCRA-exempt Wastewater Treatment Units and Elemental Neutralization Units work group
• Past Chair, Department of Geology and Mineral Industries, technical advisory committee for recommendations on Oregon Senate Bill 354 (1990)

Admitted to Practice

• Oregon State Courts
• United States District Court, District of Oregon
• United States Supreme Court