C. Marie Eckert, OSB No. 883490 

marie.eckert@millemash.com 

Suzanne C. Lacampagne, OSB No. 951705 

suzanne.lacampagne@millemash.com 

MILLER NASH GRAHAM & DUNN LLP 

3400 U.S. Bancorp Tower 

111 S.W. Fifth Avenue 

Portland, Oregon 97204 

Telephone: (503) 224-5858 

Facsimile: (503) 224-0155 

Roger R. Martella, Jr. 

rmartella@sidley.com 

Quin M. Sorenson 

Benjamin E. Tannen 

(to be specially admitted) 

SIDLEY AUSTIN LLP 

1501 K Street, N.W. 

Washington, D.C. 20005 

Telephone: (202) 736-8000 

Facsimile: (202) 736-8711 

Attorneys for Proposed Intervenor-Defendants 

The National Association of Manufacturers 

American Fuel & Petrochemical Manufacturers 

American Petroleum Institute 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

EUGENE DIVISION 

KELSEY CASCADIA ROSE JULIANA, et 

al., 

Plaintiffs, 

V. 

UNITED STATES OF AMERICA, et al., 

Defendants. 

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

DECLARATION OF HOWARD J. 

FELDMAN OF THE AMERICAN 

PETROLEUM INSTITUTE IN 

SUPPORT OF PROPOSED 

INTERVENOR-DEFENDANTS' 

MOTION FOR INTERVENTION 

Page 1 Decl.aration of How<i!d J. Feldman in Support of Proposed Intervenor-Defendants' 

Motwn for Intervention 
I, Howard J. Feldman, hereby declare as follows: 

1. I make this declaration in support of the motion filed by the American Petroleum 

Institute (API) to intervene in the above captioned case. In this case, Earth Guardians, twentyone individuals, and "Future Generations" acting by and through their guardian James Hansen 

(collectively Plaintiffs) have asked this Court to issue an injunction forcing the United States and 

nine federal agencies (collectively Defendants) to prepare and implement an: 

[E]nforceable national remedial plan to phase out fossil fuel emissions and draw down 

excess atmospheric C02 so as to stabilize the climate system and protect the vital 

resources on which Plaintiffs now and in the future will depend .... 

First Amended Complaint for Declaratory and Injunctive Relief at Prayer for Relief at if 7, 

Juliana v. United States, No. 6:15-cv-01517-TC (D. Or. Sept. 10, 2015) (First Amended 

Complaint). Plaintiffs are requesting that the Court order Defendants to comply with this 

injunction in a manner that "swiftly phase[s] out C02 emissions" and that the Court order any 

other action "necessary to ensure that atmospheric C02 is no more concentrated than 350 ppm by 

2100 .... " First Amended Complaint at ifl2. To achieve this goal, Plaintiffs are calling for 

measures that will ensure "a near-term peak in C02 emissions and a global reduction in C02 

emissions of at least 6% per year. ... " Id. at if258. 

2. The purpose of this declaration is to provide my testimony on the impacts on API 

and its members should Plaintiffs be successful in forcing the economy-wide sea change in 

energy policy that they are seeking. 

I. Qualifications and Background 

3. I am the Senior Director for Regulatory and Scientific Affairs at the American 

Petroleum Institute, Washington, DC. Since 1987, I have worked on behalf of API's members, 

focusing on key regulatory and scientific issues, including the health and environment aspects of 

Pagt: 2 Declaration o.f Howard J. Feldman in Support of Proposed Intervenor-Defendants' 

Motion for Intervention 
the oil and gas industry. At API, I oversee efforts addressing air, climate, water, waste, and 

health issues. My primary areas of work include environmental health issues, and atmospheric 

sciences, including emissions, pollutant modeling and data analysis. I have served on many 

government and private sector panels and participated in numerous policy and technical efforts. 

I have held positions of increasing responsibility at API over my 28 years with the Institute. I 

previously served as API' s Manager of Environmental Sciences, Research Program Coordinator 

for Air Quality, Senior Environmental Scientist and Environmental Scientist. 

4. Before my employment at API, I was an Associate Environmental Analyst at 

Entergy Services in New Orleans, Louisiana from 1981to1987. In that capacity, I provided 

technical and regulatory support at the service company to four electric utilities. 

5. At API, I develop and promote credible, cost-effective policies, strategies, 

positions, standards, and practices. I also respond to federal and state regulatory and legislative 

initiatives and initiate and manage a multimillion dollar annual budget to conduct relevant, 

scientifically-sound research. 

6. I have been personally responsible for climate science issues, managing several 

specific projects. Furthermore, I have served as an Expert Reviewer of the IPCC Third 

Assessment Report: Working Group II, and Climate Change 2001: Synthesis Report; the IPCC 

Working Group I Fourth Assessment Report; and the draft Guidelines for the US Climate 

Change Science Program Synthesis and Assessment Products. I have served as the co-chairman 

of the NARSTO public-private air pollution research group and currently serve on the US EPA's 

Clean Air Act Advisory Committee. I have drafted comments and provided testimony on a 

number of climate initiatives. 

7. I graduated from the Harvard School of Public Health at Harvard University with 

Pag~ 3 Declaration of Howard J. Feldman in Support of Proposed Intervenor-Defendants' 

Motion for Intervention 
a Masters of Science in June of 1981. My majors were Environmental Health Management and 

Air Pollution Control. I graduated from the College of Agriculture and Life Sciences at Cornell 

University, with a Bachelor of Science, in May of 1979, where I majored in Atmospheric 

Science. 

II. American Petroleum Institute 

8. API is the national trade association representing all facets of the oil and natural 

gas industry, and is therefore strongly affected by laws governing the oil and natural gas 

industry. API's members are already subject to many regulations addressing air emissions, 

including a number that focus squarely on greenhouse gas (GHG) emissions. 

9. The economic effects of mandatory reductions in GHG emissions are of great 

concern to APL Rather than compelled government mandates to reduce GHG emissions by 

certain amounts by certain dates, API supports the reduction of greenhouse gases through 

voluntary improvements in energy efficiency, reducing natural gas flaring, developing and 

applying carbon dioxide capture and storage technology, and investing in and marketing loweremission natural gas and alternative energy. 

http://www.api.org/Environment-Health-and-Safety/Clirnate-Change 

III. APl's Members 

10. API has more than 625 members, including large integrated companies, as well as 

exploration and production, refining, marketing, pipeline, and marine businesses, and service and 

supply firms, who, collectively, provide most of the nation's energy. API's members explore 

for, produce, transport, refine, and sell oil, natural gas, and other fossil fuels, the combustion of 

which releases carbon dioxide into the atmosphere. 

Pag~ 4 Declaration o.f Howard J. Feldman in Support of Proposed Intervenor-Defendants' 

Mot10n for l nterventlon 
IV. APl's Members' Contribution to the Economy 

11. API's members support 9.8 million U.S. jobs and 8 percent of the U.S. economy. 

America's oil and natural gas industry supplies $85 million every day ($30 billion per year) to 

the U.S. Treasury in the form of income taxes, rents, royalties, and other fees. 

http://WwW.api.org/PoJicy-and-Issues/Policy-ltems/Jobs/Economic-lmpacts-of-Oil-and-NaturalGas-Industry; http://www.api.org/Po licy-and-Issues/Po licy-ltems/Taxes/Energy-and-Taxes. 

12. The financial returns from oil and natural gas company stocks are enjoyed by 

American college and university endowments. Moreover, nearly 50% of shares in publiclytraded oil and natural gas companies are held by public and private pension plans, including 

401(k)s and IRAs. http://www.api.org/OiJ-and-Natural-Gas-Overview/lndustryEconomics/Industry-Investments. 

V. Impact of Plaintiffs' Proposed GHG Regulation on the Oil and Natural Gas 

13. If Plaintiffs succeed in eliminating or massively reducing U.S. conventional fuel 

development and consumption and imposing other severe restrictions on GHG emission limits, 

the impact on API's members will be significant and varied. 

14. The primary business of API's members involves one or more aspects of the 

production or supply chain for oil, natural gas, or other fossil fuels. A sudden and significant 

reduction in allowable GHG emissions from the combustion of fossil fuels could have a 

significant negative effect on the profitability of many of API' s members by constraining the sale 

of the product they have specialized in developing and selling. 

15. Based on the significant potential impacts that GHG regulation would have on 

API's members, API has actively engaged with the administration, Congress, and the courts on 

Pag~ 5 Declaration o,f Howard J. Feldman in Support of Proposed Intervenor-Defendants' 

Motion for Intervention 
the ongoing debate related to climate change controls. This has involved providing extensiveand sometimes critical---comments on the range of GHG regulations that Defendants have 

proposed and finalized over the last several years. 

16. For more information about API's position on climate change, please see: 

http://www.api.org/Policy-and-Issues/Policy-Items/Environment/Climate Change. 

17. In addition, API has been forced to challenge a number of Defendants' GHG 

regulations in court, including a number of the major rules issued by the Environmental 

Protection Agency to regulate GHG emissions. 

18. At the same time, API is committed to working with Congress to establish 

reasonable climate and energy policies for the protection of the environment while ensuring a 

reliable source oflow-cost energy. It is critical to do so in a way that does not impose 

unreasonable and unnecessary burdens on the oil and natural gas industry and the hundreds of 

millions of Americans who rely on reliable and affordable fossil fuels to support nearly every 

aspect of modem life. 

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

foregoing is true and correct. 

EXECUTED this (J +,4..day ofNovember, 2015. 

Howard J. Feldman 

Pag~ 6 Declaration of Howard J. Feldman in Support of Proposed Intervenor-Defendants' 

Motion for Intervention 
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Page 1 - Certificate of Service 

70061266.1 MILLER NASH GRAHAM & DUNN LLP ATTORNEYS AT LAW 

T: 503.224.5858 | F: 503.224.0155 

3400 U.S. BANCORP TOWER 

111 S.W. FIFTH AVENUE 

PORTLAND, OREGON 97204 

I hereby certify that I served the foregoing Declaration of Howard J. Feldman of 

the American Petroleum Institute in Support of Proposed Intervenor-Defendants' Motion for 

Intervention on: 

Julia A. Olson 

Wild Earth Advocates 

1216 Lincoln Street 

Eugene, Oregon 97401 

E-mail: juliaaolson@gmail.com 

Attorney for Plaintiffs 

Daniel M. Galpern

Law Offices of Daniel M. Galpern 

1641 Oak Street 

Eugene, Oregon 97401 

E-mail: dan.galpern@gmail.com 

Attorney for Plaintiffs 

Philip L. Gregory 

Cotchett, Pitre & McCarthy, LLP 

840 Malcolm Road 

Burlingame, California 94010 

E-mail: pgregory@cpmlegal.com 

Attorney for Plaintiffs 

Justin Torres

U.S. Department of Justice 

Environment & Natural Resources Division 

Natural Resources Section 

601 D. Street NW 

Washington, D.C. 20044 

E-mail: justin.torres@usdoj.gov 

Attorney for Defendants

by the following indicated method or methods on the date set forth below: 

 CM/ECF system transmission. 

 E-mail. As required by Local Rule 5.2, any interrogatories, requests for 

production, or requests for admission were e-mailed in Word or WordPerfect 

format, not in PDF, unless otherwise agreed to by the parties. 

 Facsimile communication device.

 First-class mail, postage prepaid.

 Hand-delivery.

DATED this 12th day of November, 2015. 

/s/ C. Marie Eckert 

C. Marie Eckert, P.C. 

Oregon State Bar No. 883490 

Of Attorneys for Proposed IntervenorDefendants The National Association of 

Manufacturers, American Fuel & 

Petrochemical Manufacturers, and American 

Petroleum Institute