DECLARATION OF KEITH OLSEN, NEBRASKA FARM BUREAU]

I, Keith Olsen, do hereby declare under the penalty of perjury, pursuant to 28 U.S.C. § 1746, as 

follows:

1. I am President of Nebraska Farm Bureau Federation. In that role, I am the chief 

elected officer for the organization representing its members on a variety of issues important to 

the betterment of agriculture and serve as the chief spokesman on agricultural issues to the 

media, legislative bodies and all other related and non-related organizations to agriculture. 

2. I have personal knowledge of the issues and activities referred to herein, except where 

stated on information and belief. If called upon to testify, I could and would testify truthfully 

thereto.

3. The purpose of this declaration is to explain the irreparable harm that will result to the 

members of Nebraska Farm Bureau if EPA’s rule, “Federal Implementation Plans: Interstate 

Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals,” 76 Fed. Reg. 

48,208 (Aug. 8, 2011) (“CSAPR Rule”), is permitted to take effect, and my belief that a stay of 

the effective date of the CSAPR Rule pending this Court’s review, is necessary to prevent 

significant harm.

4. Nebraska Farm Bureau Federation has roughly 55,000 members, many of which are

farmers and ranchers who own and operate farming and ranching operations in Nebraska. 

Energy in the form of electricity is a key production input on many farms and ranches. Nebraska 

leads the nation in number of acres irrigated with over 8 million of the state’s tillable acres under 

irrigation. A significant number of the acres under irrigation, both center pivot and gravity flow, 

rely on electricity to power irrigation pumps. Electricity is also used to power grain dryers and 

heat and cool livestock facilities and other farm and ranch buildings. Natural gas is also used as 

an energy input to power irrigation systems. Natural gas is also a principal component in the 
production of fertilizer in the United States. Nebraska is one of the nation’s top corn producing 

states and farmers rely heavily on fertilizers in the production of corn. While many factors 

influence the price of fertilizer, the price of natural gas is a primary factor. 

5. Upon information and belief, it is my understanding the CSAPR Rule makes drastic 

reductions to emissions from coal-fired electrical generating units, which will require installation 

of expensive emission control technology, under an accelerated schedule which will require 

compliance by January 1, 2012. 

6. In response to the CSAPR Rule, upon information and belief, it is my understanding at 

least one municipality in the state of Nebraska has indicated its customers will see eight percent 

rate increases in each of the next three years to cover the costs of implementing controls.

7. In addition, upon information and belief, it is my understanding a number of 

Nebraska’s public power providers will rely on natural gas generators to a much greater extent to 

meet the power needs of Nebraska’s citizens.

8. Nebraska farmers and ranchers would receive a double economic jolt from 

implementation of the CSAPR Rule. First, any costs incurred by utilities and power districts to 

comply with the rule will be passed on to electricity consumers, including farmers and ranchers. 

As a result, Nebraska’s farmers and ranchers will incur higher input costs, in the form of higher 

energy costs, to raise feed grains, oilseeds, and livestock. To a large degree, farmers and 

ranchers cannot pass along these increased costs and must absorb them. Second, Nebraska’s 

public power providers will rely on natural gas generators to a much greater extent to meet the 

power needs of Nebraska’s citizens. While many factors go into determining fertilizer prices, 

natural gas price is a principal component. Greater demand from Nebraska’s public power 

districts will push natural gas prices higher. Higher prices for natural gas will combine with 
other factors pushing fertilizer prices up, making it even more difficult for domestic fertilizer 

manufacturers and farmers in an increasingly competitive international market. Again, 

Nebraska’s farmers and ranchers would incur higher input costs and reduced profitability. 

Need for a Stay of the Transport Rule

9. A stay of implementation of the CSAPR Rule is necessary to prevent irreparable harm 

to the members of Nebraska Farm Bureau Federation, which will have a direct and immediate 

negative impact on the citizens of the State of Nebraska. 

I declare under penalty of perjury under the laws of the United States that the foregoing is true

and correct.

EXECUTED this 19th day of September, 2011 at 5225 South 16th Street, Lincoln, Nebraska.

 

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