DECLARATION OF PHILIP L. GREGORY IN SUPPORT OF PLAINTIFFS’ CONSENT 

MOTION TO ENLARGE PAGE LIMIT

JULIA A. OLSON (OR Bar 062230) 

JuliaAOlson@gmail.com

Wild Earth Advocates

1216 Lincoln Street

Eugene, OR 97401

Tel: (415) 786-4825 

PHILIP L. GREGORY (pro hac vice)

pgregory@gregorylawgroup.com

Gregory Law Group 

1250 Godetia Drive

Redwood City, CA 94062

Tel: (650) 278-2957 

ANDREA K. RODGERS (OR Bar 041029)

Andrearodgers42@gmail.com

Law Offices of Andrea K. Rodgers

3026 NW Esplanade

Seattle, WA 98117

Tel: (206) 696-2851

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

KELSEY CASCADIA ROSE JULIANA; 

XIUHTEZCATL TONATIUH M., through his 

Guardian Tamara Roske-Martinez; et al.,

Plaintiffs,

v.

The UNITED STATES OF AMERICA; 

DONALD TRUMP, in his official capacity as 

President of the United States; et al., 

Defendants.

Case No.: 6:15-cv-01517-TC 

DECLARATION OF PHILIP L. 

GREGORY in Support of Plaintiffs’ 

Consent Motion to Enlarge Page Limit for 

Plaintiffs’ Response in Opposition to 

Defendants’ Motion for Summary 

Judgment

Expedited Review Requested
DECLARATION OF PHILIP L. GREGORY IN SUPPORT OF PLAINTIFFS’ CONSENT 

MOTION TO ENLARGE PAGE LIMIT

2

I, Philip L. Gregory, hereby declare and if called upon would testify as follows:

1. I am one of the attorneys of record for Plaintiffs in the above-entitled action. I have 

personal knowledge of the statements made herein.

2. On May 22, 2018, Defendants moved for Summary Judgment. (ECF No. 207.)

Defendants’ 30-page Motion for Summary Judgment raises significant, complicated

factual and legal issues regarding standing, Plaintiffs’ alleged failure to identify a viable 

right of action, and limitations on this Court’s Article III authority. Defendants also seek 

summary judgment as to whether there is a judicially enforceable right to a climate 

system capable of sustaining human life under the Due Process Clause and the existence 

of a federal public trust doctrine. Each of these issues requires a thorough, detailed

presentation of extensive evidence and legal argument.

3. In preparing their Response in Opposition to Defendants’ Motion for Summary 

Judgment, Plaintiffs have worked diligently to limit the number of pages in their 

memorandum, while still providing the Court with a thorough statement of facts as well 

as a complete legal argument addressing each of the issues raised on which summary 

judgment is sought. Plaintiffs’ response will be filed on June 28, 2018.

4. Local Rule 7-2(b)(1) provides: “Without prior Court approval, memoranda (including 

objections to a Findings and Recommendations of a Magistrate Judge and responses to 

such objections) may not exceed 11,000 words, or in the alternative, 35 pages. If the 

document exceeds the page limit, then the party must certify compliance with the wordcount limit. This limitation includes headings, footnotes, and quotations, but excludes the 

caption, table of contents, table of cases and authorities, signature block, exhibits, and 

any certificates of counsel.”
DECLARATION OF PHILIP L. GREGORY IN SUPPORT OF PLAINTIFFS’ CONSENT 

MOTION TO ENLARGE PAGE LIMIT

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5. In drafting their response, Plaintiffs believe they will need to exceed the page limit set by 

Local Rule 7-2(b)(1) and request that this Court permit Plaintiffs to file a memorandum 

of up to 55 pages in length.

6. On June 26, I contacted counsel for Defendants requesting to extend the page limit of 55 

pages for Plaintiffs’ memorandum in Opposition to Defendants’ Motion for Summary 

Judgment, with no word limitation. On June 27, Sean Duffy, counsel for Defendants,

kindly consented to extending the page limit to 55 pages with no word limitation, on 

condition that Plaintiffs would not oppose the same extension of 55 pages with no word 

limitation in Defendants’ Reply. Plaintiffs agreed to this condition.

7. Neither party has been guilty of negligence or bad faith.

In accordance with 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct.

DATED this 27th day of June, 2018 at Redwood City, California.

Respectfully submitted, 

/s/ Philip L. Gregory