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OAK #4841-7328-3159 v1 MOORE DECL ISO CITY’S MSJ AND OPPN 

TO OBOT’S MSJ - NO. 16-CV-7014-VC

Barbara J. Parker (SBN 69722)

City Attorney

Otis McGee, Jr. (SBN 71885)

Chief Assistant City Attorney

Colin Troy Bowen (SBN 152489)

Supervising Deputy City Attorney

OAKLAND CITY ATTORNEY

One Frank Ogawa Plaza, 6th Floor

Oakland, CA 94612

Tel: 510.238.3601 Fax: 510.238.6500

Kevin D. Siegel (SBN 194787)

E-mail: ksiegel@bwslaw.com

Gregory R. Aker (SBN 104171)

E-mail: gaker@bwslaw.com

Timothy A. Colvig (SBN 114723)

E-mail: tcolvig@bwslaw.com

Christopher M. Long (SBN 305674)

E-mail: clong@bwslaw.com

BURKE, WILLIAMS & SORENSEN, LLP

1901 Harrison Street, Suite 900

Oakland, CA 94612-3501

Tel: 510.273.8780 Fax: 510.839.9104

Attorneys for Defendant

CITY OF OAKLAND

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

OAKLAND BULK & OVERSIZED 

TERMINAL, LLC,

Plaintiff,

v.

CITY OF OAKLAND,

Defendant.

Case No. 3:16-cv-07014-VC

DECLARATION OF H. NADIA 

MOORE, PH.D., DABT, ERT IN 

SUPPORT OF DEFENDANT CITY OF 

OAKLAND’S MOTION FOR 

SUMMARY JUDGMENT, OR IN THE 

ALTERNATIVE PARTIAL SUMMARY 

JUDGMENT, AND OPPOSITION TO 

PLAINTIFF’S MOTION FOR 

SUMMARY JUDGMENT

Date: January 10, 2018

Time: 10:00 a.m.

Ctrm.: No. 2, 17th Floor

Judge: Honorable Vince Chhabria

SIERRA CLUB and SAN FRANCISCO 

BAYKEEPER,

Defendants-Intervenors.

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I, Dr. H. Nadia Moore, Ph.D., DABT, ERT, hereby declare:

1. I am certified in toxicology as a Diplomate of the American Board of Toxicology 

and am admitted to both the United Kingdom and EUROTOX registries as a European Registered 

Toxicologist. I am a member of the Society of Toxicology, American College of Toxicology, 

British Toxicology Society, American College of Occupational and Environmental Medicine, 

American Association for the Advancement of Science, American Conference of Governmental 

Industrial Hygienists, American Chemical Society, American Industrial Hygiene Association, and 

Society for Experimental Biology and Medicine. I received a Bachelor of Science degree in 

Chemistry with a biochemistry emphasis from Pacific Lutheran University in 1992 and a Ph.D. in 

Environmental Toxicology from the University of Washington, School of Public Health and 

Community Medicine, Department of Environmental Health and Occupational Health Sciences in 

2008. A true and correct copy of my full curriculum vitae is attached hereto as Exhibit 1. I have 

personal knowledge of the facts set forth in this declaration and, if called as a witness, could and 

would testify competently to such facts under oath.

2. I make this declaration in support of the Defendant City of Oakland’s (“City”) 

Motion for Summary Judgment, or in the Alternative Partial Summary Judgment, and Opposition 

to Plaintiff Oakland Bulk & Oversized Terminal, LLC’s (“OBOT”) Motion for Summary 

Judgment. Specifically, I address (1) OBOT’s statement in its Brief (p. 34, lns. 3-6) that, “as the 

City’s retained health expert in this litigation testified [referring to this Declarant], the U.S. EPA 

(which the City’s expert concedes is both competent and capable) has identified ‘permissible’

concentrations of pollutants, including particulate matter, below which the ‘health of any 

sensitive group of the population’ will be protected;” (2) references in Declaration of Dr. Andrew 

Maier in Support of OBOT’s Motion for Summary Judgment implying that there is no risk to 

human health if National Ambient Air Quality Standards (“NAAQS”) are not exceeded; and (3) 

the “nonattainment” context under which ESA, in its report made part of the administrative record 

for the subject Ordinance, discussed NAAQS.

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A. Increased Concentrations of Particulate Matter 2.5 Are Associated With Adverse 

Health Outcomes Among Exposed Populations.

3. Airborne particulate matter (PM) consists of a vast array of differently-sized 

particles. PM size categories correlate to the mass median aerodynamic diameter (MMAD) of the 

particles: PM10 corresponds to particles with MMADs less than or equal to 10 micrometers (μm) 

and PM2.5 corresponds to particles with MMADs less than or equal to 2.5 μm.1 Due to their 

smaller size compared to PM10, PM2.5 represents particles that are likely to be deposited in the 

alveolar zone of the lung if inhaled (where they may hinder gas-exchange function and/or may be 

directly absorbed into the bloodstream to exert potential systemic effects) and it was added as a 

criteria air pollutant to specifically represent the concentration of particles that penetrate more 

deeply into the lung.2

4. It is widely accepted within the scientific community that among exposed 

populations, increased concentrations of PM2.5 pollution are associated with adverse health 

outcomes, including premature mortality, increased hospital admissions and emergency 

department visits, and development of chronic respiratory disease.

3 Additional adverse health 

outcomes include nonfatal heart attacks and strokes, irregular heartbeat, increased risk of heart 

 1 California Air Resources Board. Overview: Diesel exhaust and health. Last updated 

April 12, 2016. Available from: https://www.arb.ca.gov/research/diesel/diesel-health.htm. 

Accessed: October 3, 2017. 

2 US EPA. Integrated Risk Information System (IRIS) Chemical Assessment Summary: 

Formaldehyde; CASRN 50-00-0. October 1, 1989., p.702; Maynard, R.L. Air Pollution. In: 

General and Applied Toxicology. 3rd ed. Ballantyne, B., Marrs, T.C., Syversen, T., editors. West 

Sussex, UK: John Wiley & Sons; 2009. p. 2057-99.

3 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013.; US EPA. Integrated 

Science Assessment for Particulate Matter. Research Triangle Park, NC. Report No.: EPA/600/R08/139F. December 2009. Includes errata sheet created on 2/10/2010, 2009.; US EPA. Policy 

Assessment for the Review of the Particulate Matter National Ambient Air Quality Standards. 

Report No.: EPA 452/R-11-003. April, 2011.; US EPA. Provisional assessment of recent studies 

on health effects of particulate matter exposure. Research Triangle Park, NC. National Center for 

Environmental Assessment-RTP Division; Office of Research and Development; US EPA, 

Report No.: EPA/600/R-12/056F. December, 2012.; US EPA. Quantitative Health Risk 

Assessment for Particulate Matter. Research Triangle Park, NC. Report No.: EPA-452/R-10-005. 

June, 2010.

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disease and lung cancer, reduced lung development and the development of chronic respiratory 

diseases (e.g., asthma) in children, aggravated asthma, decreased lung function, and increased 

respiratory symptoms such as irritation of the airways, coughing, or difficulty breathing.4

B. Scientific Literature and Historical Precedence Establish that Exceedance of NAAQS 

Is Not Required for PM2.5 to be Considered Potentially Harmful—There is No 

Identifiable Threshold Concentration Below Which Adverse Health Effects Would 

Not Occur.

5. Dr. Maier’s declaration states that “In setting the NAAQS, the EPA must consider 

‘the latest scientific knowledge useful in indicating the kind and extent of all identifiable effects 

on public health or welfare that [sic] may be expected from the presence of [PM2.5] in the ambient 

 4 American Lung Association. State of the Air 2017. Chicago, IL. 2017., p.35; Bell, M.L., 

et al. Seasonal and regional short-term effects of fine particles on hospital admissions in 202 US 

counties, 1999-2005. Am J Epidemiol. 168(11):1301-10, 2008.; Delfino, R.J., et al. Asthma 

morbidity and ambient air pollution: effect modification by residential traffic-related air pollution. 

Epidemiology. 25(1):48-57, 2014.; Dominici, F., et al. Fine particulate air pollution and hospital 

admission for cardiovascular and respiratory diseases. JAMA. 295(10):1127-34, 2006.; Krewski, 

D., et al. Reanalysis of the Harvard six cities study and the American Cancer Society study of 

particulate air pollution and mortality. Cambridge, MA. Contract No.: A Special Report of the 

Institute’s Particle Epidemiology Reanalysis Project. July, 2000.; Krewski, D., et al. Extended 

follow-up and spatial analysis of the American Cancer Society study linking particulate air 

pollution and mortality. Boston, MA. Contract No.: HEI Research Report 140. May, 2009.; 

Laden, F., et al. Reduction in fine particulate air pollution and mortality: extended follow-up of 

the Harvard six cities study. Am J Respir Crit Care Med. 173(6):667-72, 2006.; Moolgavkar, 

S.H. Air pollution and daily deaths and hospital admissions in Los Angeles and Cook Counties. 

In: HEI Special Report Revised Analyses of Time-Series Studies of Air Pollution and Health 

Revised Analyses of the National Morbidity, Mortality, and Air Pollution Study, Part II Revised 

Analyses of Selected Time-Series Studies. Boston, MA: Health Effects Institute; 2003. p. 183-

98.; Metzger, K.B., et al. Ambient air pollution and cardiovascular emergency department visits. 

Epidemiology. 15(1):46-56, 2004.; Ostro, B., et al. The effects of fine particle components on 

respiratory hospital admissions in children. Environ Health Perspect. 117(3):475-80, 2009.; Pope, 

C.A., III, et al. Lung cancer, cardiopulmonary mortality, and long-term exposure to fine 

particulate air pollution. JAMA. 287(9):1132-41, 2002.; Pope, C.A., III and Dockery, D.W. 

Health effects of fine particulate air pollution: lines that connect. J Air Waste Manag Assoc. 

56(6):709-42, 2006.; Shi, L., et al. Low-Concentration PM2.5 and Mortality: Estimating Acute 

and Chronic Effects in a Population-Based Study. Environ Health Perspect. 124(1):46-52, 2016.; 

US EPA. Particulate Matter (PM) Pollution: Health and Environmental Effects of Particulate 

Matter (PM). Last updated July 1, 2016. Available from: https://www.epa.gov/pmpollution/health-and-environmental-effects-particulate-matter-pm. Accessed: 9/21/2017. ; 

Zanobetti, A. and Schwartz, J. The effect of fine and coarse particulate air pollution on mortality: 

a national analysis. Environ Health Perspect. 117(6):898-903, 2009.

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air, in varying quantities.’ 42 U.S.C. § 7408(a)(2). The standard is set at a level which is 

protective of ‘the health of ‘sensitive’ populations such as asthmatics, children, and the elderly,’

[ ] with an adequate margin of safety for protecting those sensitive individuals built into the EPA 

standard. 42 U.S.C. § 7409(b)(1).” (Maier Decl., ¶ 5.)

6. Dr. Maier’s declaration fails to acknowledge that scientific studies have not shown 

a “threshold” concentration (the exposure concentration at which an adverse effect is first 

observed) for adverse health effects associated with ambient exposure to PM2.5. Without a 

threshold for response, numerous scientific studies have indicated PM2.5 is potentially harmful 

below the current NAAQS.5

7. The failure of scientific studies to identify a threshold for PM2.5 exposure 

concentrations and associated adverse human health effects has been acknowledged by the World 

Health Organization, the US EPA, the Clean Air Scientific Advisory Committee (CASAC), the 

Advisory Council on Clean Air Compliance Analysis, the American Heart Association, and 

numerous epidemiology studies.6

 5 Fann, N., et al. Estimated Changes in Life Expectancy and Adult Mortality Resulting 

from Declining PM2.5 Exposures in the Contiguous United States: 1980–2010. Environ Health 

Perspect. (9), 2017.; Lee, M., et al. Acute effect of fine particulate matter on mortality in three 

Southeastern states from 2007-2011. J Expo Sci Environ Epidemiol. 26(2):173-9, 2016.; Makar, 

M., et al. Estimating the Causal Effect of Low Levels of Fine Particulate Matter on 

Hospitalization. Epidemiology. 28(5):627-34, 2017.; Shi, L., et al. Low-Concentration PM2.5 and 

Mortality: Estimating Acute and Chronic Effects in a Population-Based Study. Environ Health 

Perspect. 124(1):46-52, 2016.

6 Bell, M.L., et al. Seasonal and regional short-term effects of fine particles on hospital 

admissions in 202 US counties, 1999-2005. Am J Epidemiol. 168(11):1301-10, 2008.; Delfino, 

R.J., et al. Asthma morbidity and ambient air pollution: effect modification by residential trafficrelated air pollution. Epidemiology. 25(1):48-57, 2014.; Dominici, F., et al. Fine particulate air 

pollution and hospital admission for cardiovascular and respiratory diseases. JAMA. 

295(10):1127-34, 2006.; Krewski, D., et al. Reanalysis of the Harvard six cities study and the 

American Cancer Society study of particulate air pollution and mortality. Cambridge, MA. 

Contract No.: A Special Report of the Institute’s Particle Epidemiology Reanalysis Project. July, 

2000.; Krewski, D., et al. Extended follow-up and spatial analysis of the American Cancer 

Society study linking particulate air pollution and mortality. Boston, MA. Contract No.: HEI 

Research Report 140. May, 2009.; Laden, F., et al. Reduction in fine particulate air pollution and 

mortality: extended follow-up of the Harvard six cities study. Am J Respir Crit Care Med. 

173(6):667-72, 2006.; Moolgavkar, S.H. Air pollution and daily deaths and hospital admissions in 

Los Angeles and Cook Counties. In: HEI Special Report Revised Analyses of Time-Series 

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8. US EPA recognizes the NAAQS is not a threshold below which no PM2.5 effects 

would be expected in exposed communities. In setting the current NAAQS, the US EPA 

calculated attributable disease incidence for lesser exposure concentrations (alternate annual 

averaged PM2.5 concentrations of 10, 12, 13, and 14 μg/m3 combined with different 24-hr

standards). Selection of evaluated annual values was based on the available epidemiological 

evidence (i.e., the current exposure-dose-response continuum characterized in the scientific 

literature).7 Evaluated alternate annual scenarios were combined with different 24-hour standard 

scenarios to generate risk metrics (i.e., annual incidence of endpoints due to exposure). In using 

the above approach to setting the standard, the US EPA recognized that, compared to ambient 

PM2.5 concentrations from 2005, not only would the annual incidence of adverse health effects 

(mortality, hospital admissions) be reduced with the eventually promulgated 2012 PM2.5

standards (35 and 12 μg/m3 for 24-hr and annual levels, respectively), but also that the annual 

incidence of adverse health effects would be further reduced at NAAQS below the 2012 levels.8

Therefore, the US EPA recognizes the NAAQS is not a threshold for PM2.5 effects in 

exposed communities.

 

Studies of Air Pollution and Health Revised Analyses of the National Morbidity, Mortality, and 

Air Pollution Study, Part II Revised Analyses of Selected Time-Series Studies. Boston, MA: 

Health Effects Institute; 2003. p. 183-98.; Metzger, K.B., et al. Ambient air pollution and 

cardiovascular emergency department visits. Epidemiology. 15(1):46-56, 2004.; Ostro, B., et al.

The effects of fine particle components on respiratory hospital admissions in children. Environ 

Health Perspect. 117(3):475-80, 2009.; Pope, C.A., III, et al. Lung cancer, cardiopulmonary 

mortality, and long-term exposure to fine particulate air pollution. JAMA. 287(9):1132-41, 2002.; 

Shi, L., et al. Low-Concentration PM2.5 and Mortality: Estimating Acute and Chronic Effects in 

a Population-Based Study. Environ Health Perspect. 124(1):46-52, 2016.; Zanobetti, A. and 

Schwartz, J. The effect of fine and coarse particulate air pollution on mortality: a national 

analysis. Environ Health Perspect. 117(6):898-903, 2009.; H. Nadia Moore, Ph.D., DABT, ERT 

Rebuttal Expert Report in the matter of Oakland Bulk & Oversized Terminal, LLC v. City of 

Oakland, Sierra Club and San Francisco Baykeeper. Case No. 3.16-cv-07014-VC.

7 US EPA. Quantitative Health Risk Assessment for Particulate Matter. Research Triangle 

Park, NC. Report No.: EPA-452/R-10-005. June, 2010.

8 US EPA. Quantitative Health Risk Assessment for Particulate Matter. Research Triangle 

Park, NC. Report No.: EPA-452/R-10-005. June, 2010., Appendix E and J.

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C. NAAQS Values for Criteria Pollutants, Set By the United States Environmental 

Protection Agency, Are Dynamic and Evolve with Scientific Knowledge Regarding 

Adverse Health Effects—Harms to Health from Increased Criteria Pollutants are 

Possible Below NAAQS Values.

9. Dr. Maier’s declaration states that National Ambient Air Quality Standards 

(“NAAQS”), including NAAQS for PM2.5, “quantify the levels at which pollutants ‘may 

reasonably be anticipated to endanger public health or welfare.’ 42 U.S.C. § 7408(a)(1)(A).” 

(Maier Decl., ¶ 3.) He further states that “NAAQS represents the ‘ambient air quality standards 

the attainment and maintenance of which in the judgment of the [EPA], based on such criteria and 

allowing an adequate margin of safety, are requisite to protect the public health.’ 42 U.S.C. § 

7409(b)(1) (emphasis omitted).” (Maier Decl., ¶ 4.)

10. Dr. Maier’s declaration correctly references relevant statutory provisions but does 

not address the dynamic nature and historical evolution of the NAAQS. Specifically, NAAQS are

established as policy decisions whereby the US EPA Administrator uses current scientific 

datasets to establish and set, to the best of her or his judgment, levels neither more nor less 

stringent than necessary to provide the requisite degree of public health protection, 

including the health of at-risk populations, with an adequate margin of safety.9

11. Ambient air quality in the United States has improved following promulgation of 

the NAAQS10 and the US EPA has acknowledged the tendency for implemented NAAQS to 

lower the overall air quality distribution (concentration) for the population.11 In other words, 

promulgating an NAAQS results in lowering the average population exposure concentration, 

usually below the NAAQS concentration. 

12. NAAQS for PM-attributed health effects are based on human epidemiology 

studies, whose results (1) have not identified a threshold concentration below which adverse 

 9 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013.

10 EPA, U. Air Quality - National Summary. Last updated July 26, 2017. Available from: 

https://www.epa.gov/air-trends/air-quality-national-summary. Accessed: 11/29/2017. 

11 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013.

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health effects would not occur12 and (2) are fundamentally linked with the ambient concentrations 

experienced by the study population.13 The overall improvement of ambient air concentrations 

following implementation of NAAQS resulted in the ability of subsequent epidemiology studies 

to evaluate populations exposed to lesser average concentrations. These subsequent epidemiology 

studies and their observations of associations with adverse health effects at lesser ambient PM2.5

concentrations formed the scientific basis for the reduction in the annual PM2.5 NAAQS from 

15.0 μg/m3 (set in 1997) to 12.0 μg/m3 (set in 2012) because, for example: 

“...even more so than in the last review, the evidence indicates a ‘significant public 

health risk’ to children from long-term PM2.5 exposures at concentrations below the 

level of the current annual standard.” [emphasis added]14

13. In addition, the US EPA’s Final Rule indicated the collective conclusion of its 

Policy Assessment regarding PM NAAQS was:

“...that currently available evidence provided support for associations between long- term PM2.5 exposure and mortality and morbidity effects that extend to distributions 

of PM2.5 concentrations that are lower than those that had previously been associated 

with such effects, with aggregate long-term mean PM2.5 concentrations extending to well 

below the level of the current annual standard.” [emphasis added]15

14. Put another way, the best way to study the potential impact of PM2.5 exposures on 

mortality and morbidity effects is to evaluate potential effects “after” a reduction in ambient 

concentrations. Such an opportunity occurs upon establishing (or lowering) the NAAQS, because 

the overall national air quality distribution (concentration) generally decreases in order to meet a 

new (or lesser) NAAQS.16 Thus, studies “before” provide the scientific basis for the established 

 12 H. Nadia Moore, Ph.D., DABT, ERT Rebuttal Expert Report in the matter of Oakland 

Bulk & Oversized Terminal, LLC v. City of Oakland, Sierra Club and San Francisco Baykeeper. 

Case No. 3.16-cv-07014-VC, p. 9-13. [Excerpt attached hereto as Exhibit 2.]

13 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013.

14 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013., p.3152.

15 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013., p.3107; US EPA. 

Policy Assessment for the Review of the Particulate Matter National Ambient Air Quality 

Standards. Report No.: EPA 452/R-11-003. April, 2011.

16 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

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NAAQS while studies “after” provide scientific evaluations of populations exposed to lesser 

PM2.5 concentrations (i.e., population exposure concentrations not previously available in earlier 

assessments). Such “after” circumstances have not yet determined the threshold below which no 

effects occur, but did form the basis for the 2012 reduction in the annual PM2.5 NAAQS level.17

15. To summarize, the NAAQS are established as policy judgments, based on the 

current understanding of the available scientific literature, as the maximum permissible ambient 

air concentration for each criteria pollutant that will protect the health of any [sensitive] group of 

the population.14 As population exposures to PM have declined over time, subsequent studies of 

lesser-exposed populations continued to demonstrate effects at lesser ambient concentrations, 

driving NAAQS levels to lesser concentrations. Therefore, the NAAQS reflects the most 

current scientific knowledge available to protect human health and should not be regarded 

as a “bright line” (or threshold) between an effect and a no effect level.

D. ESA’s Conclusions Were Based on Nonattainment Classification and Cumulative 

Effects. 

16. Finally, the ESA Report prepared for the City of Oakland in connection with the 

administrative record concerning the subject Ordinance contained a discussion that included

current values (levels) established for the Federal (NAAQS) and State Ambient Air Quality 

Standards for PM2.5 and other criteria pollutants. ESA explained that the US EPA classifications 

of “attainment” or “nonattainment” are based on whether or not NAAQS levels have been 

achieved. The ESA Report summarized that the Bay Area was then currently classified as 

“nonattainment” for the 24-hr PM2.5 NAAQS and that the West Oakland community had 

observed exceedances in both the 24-hr and annual average NAAQS for PM2.5.”18 In evaluating 

 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013., p.3163.

17 US EPA. National ambient air quality standards for particulate matter. Final Rule. 40 

CFR Parts 50, 51, 52, 53, and 58. Federal Register. 78(10):3086-287, 2013.

18 ESA. Report on the Health and/or Safety Impacts Associated with the Transport, 

Storage, and/or Handling of Coal and/or Coke in Oakland, including at the Proposed Oakland 

Bulk and Oversized Terminal in the West Gateway Area of the former Oakland Army Base. 

Prepared for the City of Oakland. June 23, 2016 (“ESA Report”). (Myre Decl., Ex. 45, pp. 4-2, 4-

3, 4-11).

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TO OBOT’S MSJ - NO. 16-CV-7014-VC

the proposed coal-handling and operations, ESA estimated the PM2.5 emissions into the ambient 

air that would occur under OBOT’s proposed conditions, reporting the amount of PM2.5 emissions 

from fugitive coal dust into the ambient air “from rail transport, staging/spur travel, unloading, 

storage, transfer and ship loading of coal at OBOT” in units of tons/yr.19 The ESA conclusion 

regarding health impacts appears to be based on the propensity for fugitive coal dust to add to the 

then-current “nonattainment” conditions of West Oakland. Specifically: “Based upon the total 

emissions estimates for fugitive coal dust for all activities associated with OBOT and the reentrainment of accumulated fugitive coal dust, we conclude that these cumulative contributions of 

particulates to local levels of TSP, PM10, and PM2.5 would further degrade existing air quality. 

This cumulative contribution would be likely to cause additional exceedances of ambient air 

quality standards for PM10 and particularly PM2.5, at the air monitoring station in West Oakland. 

Since the ambient air quality would not improve, and the standards would likely continue to be 

exceeded, this degraded local air quality would continue to impact the health of the adjacent 

neighbors.”20

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

true and correct. Executed this 5th day of December, 2017, at Redmond, Washington.

/s/ H. Nadia Moore, Ph.D., DABT, ERT

H. NADIA MOORE, PH.D., DABT, ERT

 19 ESA Report (Myre Decl., Ex. 45, p. 5-17).

20 ESA Report (Myre Decl., Ex. 45, p. 5-17). 

Case 3:16-cv-07014-VC Document 153 Filed 12/05/17 Page 10 of 25
BURKE, WILLIAMS &

SORENSEN, LLP

ATTORNEYS AT LA W

OAKLAND

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TO OBOT’S MSJ - NO. 16-CV-7014-VC

ATTESTATION

I, Kevin D. Siegel, am the ECF user whose ID and password are being used to file this 

"Declaration of H. Nadia Moore, Ph.D., Dabt, Ert in Support of Defendant City of Oakland’s 

Motion for Summary Judgment, Or In The Alternative Partial Summary Judgment, and 

Opposition to Plaintiff’s Motion for Summary Judgment." Pursuant to Civil Local Rule 5-1(i)(3), 

I hereby attest that H. Nadia Moore has concurred in the filing of this document. 

DATED: December 5, 2017 /s/ Kevin D. Siegel

Kevin D. Siegel

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