James S. Kincaid

James S. Kincaid



Practice Areas


University of Oregon, B.S., 1983

Northwestern School of Law of Lewis & Clark College, J.D., 1987, magna cum laude


Jim is rated as an AV attorney by Martindale Hubbell.

Jim's peers have selected him for inclusion in The Best Lawyers in America in 2010-2016.

Best Lawyers Award Badge

Admitted to Practice

Oregon State Courts

United States District Court, District of Oregon

United States Supreme Court

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.

Represents a significant entity regarding remediation, liability allocation, natural resource damage claims and the evaluation of restoration projects relating to the Portland Harbor Superfund Site.

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

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)

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