PLAINTIFFS’ PROPOSED PRETRIAL ORDER 1

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)

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

pgregory@gregorylawgroup.com

Gregory Law Group

1250 Godetia Drive

Redwood City, CA 94062

Tel: (650) 278-2957

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; et al., 

Defendants.

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

PLAINTIFFS’ PROPOSED PRETRIAL 

ORDER

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 2

Pursuant to Fed. R. Civ. P. and LR 16-5, Plaintiffs Kelsey Cascadia Rose Juliana, et al. 

(“Plaintiffs”), and Defendants United States, et al. (“Defendants”) by and through their 

undersigned counsel respectfully submit the following Proposed Pretrial Order. Local Rule 16-5 

requires the parties to prepare and file a pretrial order to “frame the issues for trial,” as “there is 

no court-approved stipulation or order dispensing with the need for a pretrial order.” It is 

Plaintiffs' position that, during the status conference on August 27, this Court ordered the parties 

to file a pretrial order on October 15, 2018. At the August 27 status conference, after Plaintiffs 

proposed dates for exchange of the proposed pretrial order, Defendants stated they needed to 

discuss dates internally before they would confer with Plaintiffs on dates, but that they did not 

foresee any major objections to dates proposed by Plaintiffs. However, Defendants did not 

confer with Plaintiffs after the August 27 status conference on the pretrial order. In an attempt to 

meet the October 15 deadline, on October 5, Plaintiffs provided Defendants with Plaintiffs' 

proposed pretrial order, asking that Defendants provide their input and sections on or before 

October 12. Defendants refused to provide any input and refused to provide any sections, taking 

the position that a pretrial order is not required. As such, Plaintiffs are providing the Court with 

their proposed pretrial order and will be prepared to discuss the issue at the pretrial conference.

I. NATURE OF THE ACTION

This case is brought by Plaintiffs pursuant to 28 U.S.C. § 1331, 28 U.S.C § 2201, and 28 

U.S.C. § 2202, and the United States Constitution. Plaintiffs allege that Defendants’ actions and 

inactions in establishing, promoting, and implementing a fossil fuel-based energy system violate 

the Due Process clause of the Fifth Amendment, the Equal Protection principles in the Fifth 

Amendment, Plaintiffs’ unenumerated right to a stable climate system, and the Public Trust 

Doctrine. Plaintiffs seek declaratory and injunctive relief enjoining the Defendants’ 

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unconstitutional conduct, as well as an award of reasonable attorneys’ fees, expert witness’ fees, 

and costs. This case is scheduled for a bench trial before Judge Aiken beginning October 29, 

2018.

II. JURISDICTION

Subject to Defendants’ objections noted below, this Court has subject matter jurisdiction 

over the claims in Plaintiffs’ First Amended Complaint (Doc. 7) pursuant to the Fifth 

Amendment of the United States Constitution, 28 U.S.C. § 1331 (federal question jurisdiction), 

28 U.S.C. § 2201 (creation of a remedy), and 28 U.S.C. § 2202 (further relief). This action arises 

under the United States Constitution. Plaintiffs bring several claims alleging multiple violations 

of the U.S. Constitution and the Public Trust Doctrine giving this Court subject matter 

jurisdiction over said claims. This case has never been, and is not now, a statutory case under the 

Administrative Procedure Act. 

Defendants contend*

III. AGREED FACTS1

The following facts are admitted by the parties:

1. Plaintiffs are twenty-one individual children and youth who reside throughout the United 

States of America; Earth Guardians, an organization of young activists, artists and musicians 

from across the globe who advocate to create a sustainable world for themselves and future 

generations; and Future Generations, by and through their legal guardian, Dr. James Hansen.

 1 For the convenience of the Court and the parties, Plaintiffs have provided footnotes for each 

fact referenced herein that includes the name of the source that contains the factual information 

referenced, as well as Bates numbers, docket number and Motion in limine exhibit number (if 

available). For those agreed facts that are admissions from Defendants’ answer (Doc. 98), 

Plaintiffs have provided a citation to the paragraph number that contains the admission included 

as an agreed fact. 

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2. Defendants are *.

3. Greenhouse gases (GHGs) are those gases—such as water vapor (H2O), carbon dioxide 

(CO2), methane (CH4), nitrous oxide (N2O), ozone (O3), hydrofluorocarbons (HFCs), 

perfluorocarbons (PFCs), and sulfur hexafluoride—that are transparent to solar (short-wave) 

radiation but opaque to long-wave (infrared) radiation, thus preventing long-wave radiant energy 

from leaving Earth’s atmosphere.2

4. Carbon dioxide (CO2) is the principal GHG causing climate change. The concentration of 

CO2 in the atmosphere has been building up due to human-related emissions primarily from 

burning fossil fuels (coal, oil, and natural gas) and the clearing of forests.3

5. The Environmental Protection Agency (EPA) “has concluded under specific provisions 

of the Clean Air Act that, combined, emissions of six well-mixed GHGs are the primary and best 

understood drivers of current and projected climate change. 74 FR 66496 (section 202); 81 FR 

54422 (section 231).” Answer ¶ 7.

6. Human activity, in particular elevated concentrations of GHGs is likely to have been the 

dominant cause of observed warming since the mid-1900s. Answer ¶ 217.

7. Fossil fuel extraction, development, and consumption produce CO2 emissions and past 

emissions of CO2 from such activities have increased the atmospheric concentration of CO2. 

Answer ¶ 7.

8. Methane is both the principle constituent of natural gas and a potent greenhouse gas 

 2 U.S. Energy Info. Admin., March 2018: Monthly Energy Review 189 (2018), 

https://www.eia.gov/totalenergy/data/monthly/archive/00351803.pdf [Doc. 270-97; Bates 

P00000027839-P00000028082, at P00000028037].

3 U.S. Global Change Research Program, Second National Assessment: Global Climate Change 

Impacts in the United States (2009), https://downloads.globalchange.gov/usimpacts/pdfs/climateimpacts-report.pdf [Doc. 299-224; Bates P00000034774-P00000034969, at P00000034791].

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contributing to climate change. Answer ¶ 127.

9. There is a scientific consensus that the buildup of GHGs (including CO2) due to human 

activities (including the combustion of fossil fuels) is changing the global climate at a pace and 

in a way that threatens human health and the natural environment. Answer ¶ 202.

10. GHG emissions (including CO2) from fossil fuel combustion have contributed to 

increasing atmospheric GHG concentrations and, therefore, the global energy imbalance in the 

climate system. Answer ¶ 202. 

11. Atmospheric CO2 concentrations over 280 ppm have led to an energy imbalance 

compared to the pre-industrial era. Answer ¶ 203. 

12. The current energy imbalance is on the order of 0.5 to 1.0 watts/m2. Answer ¶ 203. 

13. Greenhouse gases in the atmosphere act like a blanket over the Earth, trapping energy 

received from the sun. Answer ¶ 205. 

14. Greenhouse gases released into the atmosphere slow the release of heat into space, 

keeping the Earth warmer than it would be otherwise. Answer ¶ 205.

15. Increasing greenhouse gas concentrations in the atmosphere will lead to further warming. 

Answer ¶ 205.

16. CO2 emissions are currently altering the atmosphere’s composition and will continue to 

alter Earth’s climate for thousands of years. Answer ¶ 206.

17. A substantial portion of every ton of CO2 emitted by humans persists in the atmosphere 

for as long as a millennium or more. Answer ¶ 206. 

18. If greenhouse gas emissions continue at present amounts, global temperatures are 

projected to increase by 2.5 degrees to more than 11 degrees F by 2100, depending on future 

emissions scenarios and the responsiveness of the climate system. Answer ¶¶ 245, 247.

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19. Average atmospheric CO2 concentrations were approximately 280 ppm in the late 1700s, 

before the Industrial Revolution. Atmospheric CO2 concentrations have risen approximately 120 

ppm since the late 1700s and about half of that increase occurred after 1980. Answer ¶ 209.

20. Monthly global average atmospheric CO2 concentrations exceeded 400 ppm for the first 

time in March 2015, a level unprecedented for at least 2.6 million years. Answer ¶¶ 209, 130.

21. Since 1901, the average surface temperature across the contiguous 48 states has risen at 

an average rate of 0.14oF per decade. Answer ¶ 217.

22. In its report WMO Statement on the State of the Global Climate in 2017, the World 

Meteorological Organization (WMO) reported: “The global mean temperature in 2017 was 

approximately 1.1 degrees C above the pre-industrial era.”4

23. The U.S. Global Change Research Program’s 2017 Fourth National Climate Assessment

reported: “Global annually averaged surface air temperature has increased by about 1.8°F 

(1.0°C) over the last 115 years (1901–2016). This period is now the warmest in the history of 

modern civilization. The last few years have also seen record-breaking, climate-related weather 

extremes, and the last three years have been the warmest years on record for the globe. These 

trends are expected to continue over climate timescales.”5

24. The U.S. Global Change Research Program’s 2017 Fourth National Climate Assessment

reported: “This assessment concludes, based on extensive evidence, that it is extremely likely 

that human activities, especially emissions of greenhouse gases, are the dominant cause of the 

 4 Doc. 341-376 at P00000084588; see also Answer ¶ 210 (0.9 degrees C above pre-industrial 

temperatures in January 2017).

5 U.S. Global Change Research Program, Climate Science Special Report, Fourth National 

Climate Assessment (NCA4), Vol. I (2017) [Doc. 341-309; Bates P00000071751-

P00000072227, at P00000071766].

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observed warming since the mid-20th century. For the warming over the last century, there is no 

convincing alternative explanation supported by the extent of the observational evidence.”6

25. The average rate of warming over the past 30 years has been higher than over the past 

100 years. Answer ¶ 217. The more rapid the rate of climate change, the more challenging it is 

for humans and natural systems to adapt to it. Answer ¶ 211. 

26. Climate change is damaging human and natural systems, increasing the risk of loss of 

life, and requiring adaptation on larger and faster scales than current species have successfully 

achieved in the past, potentially increasing the risk of extinction or severe disruption for many 

species. Answer ¶ 213.

27. In 1959, mean atmospheric CO2 concentrations as measured at NOAA’s Muana Loa 

Observatory was 315.97 ppm, while in 2017 the mean atmospheric CO2 concentration was 

406.53 ppm.7

28. Under standard operating circumstances, liquefying natural gas requires the energy 

equivalent of 10% of the gas being exported. Answer ¶ 199.

29. Burning coal emits the largest amount of CO2 in comparison to burning other fossil fuels, 

emitting approximately 214.3–228.6 pounds of CO2 per million British thermal units (BTU) of 

energy depending on the type of coal.8

 6 U.S. Global Change Research Program, Climate Science Special Report, Fourth National 

Climate Assessment (NCA4), Vol. I (2017) [Doc. 341-309; Bates P00000071751-

P00000072227, at P00000071766]. 7 Doc. 341-325 at P00000073775.

8 How Much Carbon Dioxide is Produced When Different Fuels Are Burned?, Energy Info. 

Admin., https://www.eia.gov/tools/faqs/faq.php?id=73&t=11. [Doc. 270-51; Bates 

P00000017943].

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30. Burning motor gasoline emits an average of 157 pounds of CO2 per one million BTU.9

31. Burning natural gas emits an average of 117 pounds of CO2 per one million BTU.10

32. Diesel fuel contains about 15% more carbon per gallon, and thus emits more CO2 per 

gallon burned than gasoline.11

33. Aviation CO2 emissions from burning jet fuel occur in the climatically sensitive upper 

troposphere and lower stratosphere where they may have a disproportionate impact on climate.12

34. There has been an increase in permafrost thaw in Alaska. As organic matter frozen in the 

permafrost thaws (including from peat bogs), it will decay, creating emissions of methane and 

CO2 that can lead to more warming. Methane releases from Arctic permafrost have been 

observed. CO2 and methane released from permafrost under a high-emissions scenario has been 

projected to lead to additional warming of 0.07oF to 1.2oF by 2100. Answer ¶ 224. 

35. Prior to 1899, some scientists published estimates of the impact that elevated CO2 

concentrations could have on global temperature and understood that CO2 was an important 

factor in determining global temperatures. Answer ¶ 131.

 9 Power Sector Carbon Dioxide Emissions Fall Below Transportation Sector Emissions, U.S. 

Energy Info. Admin.: Today in Energy (Dec. 19, 2017), 

https://www.eia.gov/todayinenergy/detail.php?id=34192. [Doc. 270-102; Bates P00000027314-

P00000027316, at P00000027315]. 

10 Power Sector Carbon Dioxide Emissions Fall Below Transportation Sector Emissions, U.S. 

Energy Info. Admin.: Today in Energy (Dec. 19, 2017), 

https://www.eia.gov/todayinenergy/detail.php?id=34192. [Doc. 270-102; Bates P00000027314-

P00000027316, at P00000027315].

11 U.S. Envtl. Prot. Agency, EPA-420-R-18-001, Light-Duty Automotive Technology, Carbon 

Dioxide Emissions, and Fuel Economy Trends: 1975 Through 2017, at 71 (2018), 

https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100TGDW.pdf. [Doc. 270-105; Bates 

P00000028212- P00000028369, at P00000028287].

12 Fed. Aviation Admin., Aviation Emissions, Impacts & Mitigation: A Primer 10 (2015), 

https://www.faa.gov/regulations_policies/policy_guidance/envir_policy/media/Primer_Jan2015.

pdf. [Doc. 270-148; Bates P00000026475- P00000026516, at P00000026488].

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36. By the early 1900s, some scientists had studied the potential impacts of increasing 

atmospheric concentrations of CO2 on global climate change. Answer ¶ 131.

37. For over fifty years, some officials and persons employed by the federal government have 

been aware of a growing body of scientific research concerning the effects of fossil fuel 

emissions on atmospheric concentrations of CO2, including that increased concentrations of 

atmospheric CO2 could cause measurable long-lasting changes to the global climate, resulting in 

an array of severe, deleterious effects to human beings, which will worsen over time. Answer ¶ 

1.

38. By the 1950s, the Department of Defense, through the Office of Naval Research, began 

to fund and conduct research pertaining to climate change.13

39. There has been a substantial body of scientific publications since 1965 regarding the 

harms caused by elevated atmospheric concentrations of greenhouse gases, including from 

emissions related to fossil fuel combustion. Answer ¶ 6.

40. In its November 1965 Report, Restoring the Quality of Our Environment, President

Lyndon Johnson’s Science Advisory Committee concluded that increased CO2 emissions lead to 

melting of the Antarctic icecap, rising sea levels, warming oceans, and acidifying waters. 

Answer ¶ 134.

41. In the November 1965 Report, Restoring the Quality of Our Environment, President

Lyndon Johnson’s Science Advisory Committee made the following statement: “Through his 

worldwide industrial civilization, Man is unwittingly conducting a vast geophysical experiment. 

 13 Report of the International Geophysical Year, Hrg. before the Subcomm of the Comm. on 

Appropriations 6, 21, 100–01, 104, 108–10 (May 1, 1957) [Doc. 299-130; Bates P00000018200-

P00000018328, at P00000026488].

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Within a few generations he is burning the fossil fuels that slowly accumulated in the earth over 

the past 500 million years. The CO2 produced by this combustion is being injected into the 

atmosphere; about half of it remains there. The estimated recoverable reserves of fossil fuels are 

sufficient to produce nearly a 200% increase in the carbon dioxide content of the atmosphere. By 

the year 2000 the increase in atmospheric CO2 will be close to 25%. This may be sufficient to 

produce measurable and perhaps marked, changes in climate, and will almost certainly cause 

significant changes in the temperature and other properties of the stratosphere.”14

42. In its December 1965 report, Weather and Climate Modification, Report of the Special 

Commission on Weather Modification, the National Science Foundation made the following 

statement: “the CO2 concentration in the atmosphere has increased 10 to 15% in this century, 

making significant changes in the heat balance.”15

43. On September 17, 1969, in a memorandum to White House Counsel John Ehrlichman 

from Daniel Moynihan, Assistant to the President for Domestic Policy during the Nixon 

Administration, made the following statement: “The process is a simple one. Carbon dioxide in 

the atmosphere has the effect of a pane of glass in a greenhouse. The CO2 content is normally in 

a stable cycle, but recently man has begun to introduce instability through the burning of fossil 

fuels. At the turn of the century several persons raised the question whether this would change 

the temperature of the atmosphere. Over the years the hypothesis has been refined, and more 

evidence has come along to support it. It is now pretty clearly agreed that the CO2 content will 

 14 The White House, Restoring the Quality of Our Environment: Report of the Environmental 

Panel, President’s Science Advisory Committee 126–27 (1965), 

http://hdl.handle.net/2027/uiug.30112067733771. [Doc. 299-190; P00000029976 -

P00000029995, at P00000029992].

15 Doc. 341-149 at P00000054049.

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rise 25% by 2000. This could increase the average temperature near the earth’s surface by 7 

degrees Fahrenheit. This in turn could raise the level of the sea by 10 feet. Goodbye New York. 

Goodbye Washington, for that matter.”16

44. In Carbon Dioxide Affects Global Ecology published in November, 1969, Eugene K. 

Peterson, Bureau of Land Management, made the following statement: “[M]an’s activities--

mainly land clearing, the burning of fossil fuels, and making cement from limestone--are 

artificially reducing the O2 content and increasing the CO2 content of the air. The burning of 

fossil fuels is primarily responsible, but the other two factors should not be ignored.”17

45. In Carbon Dioxide Affects Global Ecology published in November, 1969, Eugene K. 

Peterson, Bureau of Land Management, made the following statements: “Ocean levels would rise 

four feet. There would be major increases in earthquakes and volcanic activity resulting in even 

more atmospheric CO2, and violent storms. The Arctic Ocean would be ice free for at least six 

months each year, causing major shifts in weather patterns in the northern hemisphere. The 

present tropics would be hotter, more humid, and less habitable, but the present temperature 

latitude would be warmer and more habitable. The total effect upon the stable earth systems and 

cycles upon which life depends would be extreme, unprecedented in rapidity.”18

46. In its First Annual Report issued in 1970, the Council on Environmental Quality made 

the following statement: “Man can change the average atmospheric temperature slightly and thus 

significantly affect climate in at least seven ways,” including by “increas[ing] the carbon dioxide 

 16 The White House, Memorandum from Daniel P. Moynihan to John Ehrlichman (Sept. 17, 

1969), https://www.nixonlibrary.gov/sites/default/files/virtuallibrary/documents/jul10/56.pdf

[MIL #1 Exh. 2; Doc. 299-191; Bates P00000029996- P00000029997, at P00000029996].

17 Eugene K. Peterson, Carbon Dioxide Affects Global Ecology, Environ. Sci. Technol (1969).

18 Eugene K. Peterson, Carbon Dioxide Affects Global Ecology, Environ. Sci. Technol (1969).

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content of the atmosphere by burning fossil fuels.”

19

47. In its First Annual Report issued in 1970, the Council on Environmental Quality made 

the following statement: “Recent surprising findings indicate that as increasing fossil fuel 

consumption raises carbon dioxide output, a lesser percentage of it is retained by the atmosphere, 

and a larger portion is absorbed by the oceans.”20

48. In its First Annual Report issued in 1970, the Council on Environmental Quality stated 

that, if total estimated available fossil fuel resources were burned, and “one-half of [the resulting] 

carbon dioxide were added to the atmosphere and there were no compensating effects, then the 

earth’s average temperature would increase by about 2o to 3oF. Such a rise, if not counteracted by 

other effects, could in a period if a few decades, lead to the start of substantial melting of ice 

caps and flooding of coastal regions.”21

49. In its 1971 report, World Weather Program, Plan for Fiscal Year 1971, the U.S. 

Department of Commerce made the following statement: “The ever changing global atmosphere 

has an important influence on most activities of man. At times, the day-to-day changes are 

critical to his safety; and the weather frequently influences his effectiveness in the pursuit of his 

livelihood. In the longer term, the quality of the atmosphere may well determine whether man 

survives or perishes.”22

50. In 1974, in the first Final Environmental Impact Statement of the Eastern Powder River 

Coal Basin of Wyoming that the Department of the Interior’s Bureau of Land Management 

(BLM) prepared under the National Environmental Policy Act (NEPA), the BLM stated that it

 19 Doc. 341-154 at P00000054356.

20 Doc. 341-154 at P00000054357.

21 Doc. 341-154 at P00000054358.

22 Doc. 341-153 at P00000054243.

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considered “the effects on weather from alteration of the earth atmospheric energy balance.”23

51. The CEQ’s Fifth Annual Report of the Council on Environmental Quality, dated 

December 1974 made the following statements: “Several important steps were taken during the 

past year to increase U.S. oil and gas supplies: Federal legislation authorizing construction of the 

Trans-Alaskan pipeline was enacted, the leasing program for the outer continental shelf was 

expanded; and administration proposals to authorize construction of deepwater ports and revise 

regulatory procedures for natural gas sales were under consideration by the Congress” while also 

noting “CEQ recognized that risk of damage to the humans and natural environment is an 

inseparable part of almost any development, including the OCS. When the risk is acceptable, the 

Council stated that we should proceed with caution and with a commitment to prevent or 

minimize damage.”24

52. In a Letter to Rudolph J. Engelmann, Deputy Manager, Environmental Program, Division 

of Biomedical and Environmental Research, U.S. Energy Research and Development 

Administration, dated March 27, 1975, Michael C. MacCracken, Deputy Division Leader, 

Atmospheric and Geophysical Sciences Division, Lawrence Livermore National Laboratory, 

made the following statements: “With the increasing pressures for greater domestic energy 

production, ERDA is proposing and many utility executives are urging that this country's coal 

reserves be rapidly developed to serve as the backbone of the United States’ energy resources for 

at least the next hundred years . . . But at this crucial juncture in energy planning, there seems to 

 23 Bureau of Land Mgmt., 2 Final Environmental Impact Statement: Eastern Powder River Coal

Basin of Wyoming (1974), https://eplanning.blm.gov/eplfrontoffice/projects/nepa/67005/82492/98469/EPRB_FEIS_Vol2.pdf [MIL #1 Exh. 200; Doc. 

299-4; Bates P00000024110- P00000024327, at P00000024269]. 

24 CEQ, Fifth Annual Report of the Council on Environmental Quality 106 (December 1974) (to 

be filed with Plaintiffs’ Third Motion in Limine). 

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have been no critical assessment similar to the CIAP weighing the relative merits of fossil fuel 

usage and, for example, nuclear or solar energy generation in which the implications and 

consequences of continuing reliance on combustion of fossil fuels and the resulting increase in 

atmospheric carbon dioxide concentrations have been carefully considered. Rather, an implicit 

assumption has apparently been made that increasing atmospheric carbon dioxide is of no 

significance; a decision made without assessing the current indications that small changes can 

cause large effects.”25

53. In a Letter to Rudolph J. Engelmann, Deputy Manager, Environmental Program, Division 

of Biomedical and Environmental Research, U.S. Energy Research and Development 

Administration, dated March 27, 1975, Michael C. MacCracken, Deputy Division Leader, 

Atmospheric and Geophysical Sciences Division, Lawrence Livermore National Laboratory, 

made the following statements: “While projections for future atmospheric concentrations differ, 

they are unanimous in seeing a continuing increase in atmospheric carbon dioxide concentrations 

if emissions continue at reasonably projected rates. These projections for the year 2000 range 

from 350 ppm upwards to 415 ppm, with a likely value close to 385 ppm.”26

54. In a Letter to Rudolph J. Engelmann, Deputy Manager, Environmental Program, Division 

of Biomedical and Environmental Research, U.S. Energy Research and Development 

Administration, dated March 27, 1975, Michael C. MacCracken, Deputy Division Leader, 

 25 Letter from Michael C. MacCracken, Deputy Division Leader, Atmospheric and Geophysical 

Sciences Division, Lawrence Livermore National Laboratory to Rudolf J. Engelmann, U.S. 

Energy Research and Development Administration 7 (Mar. 27, 1975) (to be filed with Plaintiffs’ 

Third Motion in Limine).

26 Letter from Michael C. MacCracken, Deputy Division Leader, Atmospheric and Geophysical 

Sciences Division, Lawrence Livermore National Laboratory to Rudolf J. Engelmann, U.S. 

Energy Research and Development Administration 2 (Mar. 27, 1975) (to be filed with Plaintiffs’ 

Third Motion in Limine).

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Atmospheric and Geophysical Sciences Division, Lawrence Livermore National Laboratory, 

made the following statements: “I write this letter to urge that carbon dioxide effects be 

considered in evaluating energy strategy for the next generation. Research seems in need in 

climactic effects as well as those biological areas.”27

55. In 1975, the National Academy of Sciences issued a report, Understanding Climatic 

Change: A Program for Action, that made the following statement: “While the natural variations 

of climate have been larger than those that may have been induced by human activities during 

the past century, the rapidity with which human impacts threaten to grow in the future, and 

increasingly to disturb the natural course of events, is a matter of concern. These impacts include 

man’s changes of the atmospheric composition and his direct interference with factors 

controlling the all-important heat balance.”28

56. On May 14, 1975, Joseph Smagorinsky, Director of the Department of Commerce 

NOAA Geophysical Fluid Dynamics Laboratory, made the following statement in a letter to 

Rudolf Engelmann, Deputy Manager of the Division of Biomedical & Environmental Research 

at the U.S. Energy Research & Development Administration (ERDA)29: “From our perspective 

we generally agree that the CO2 increase is an important problem which deserves deliberate and 

 27 Letter from Michael C. MacCracken, Deputy Division Leader, Atmospheric and Geophysical 

Sciences Division, Lawrence Livermore National Laboratory to Rudolf J. Engelmann, U.S. 

Energy Research and Development Administration 2 (Mar. 27, 1975) (to be filed with Plaintiffs’ 

Third Motion in Limine).

28 Nat’l Academy of Sciences, Understanding Climatic Change: A Program for Action 43 

(1975), https://archive.org/details/understandingcli00unit [Doc. 299-192; Bates P00000039145-

P00000039414, at P00000039211].

29 In 1977, the Energy Research and Development Administration (ERDA) became part of the 

newly created Department of Energy. Nat’l Research Council, Energy Research at DOE: Was It 

Worth It? Energy Efficiency and Fossil Energy Research 1978 to 2000, at 55 (2001), 

https://www.nap.edu/catalo g/10 165/energy-research- at-doe- was-it-worth-it- energyefficiency. [Doc. 270-56; Bates P00000011806–P00000012046, at P00000011823].

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well coordinated national attention.”30

57. In the March 1977 Department of Energy report Carbon Dioxide Effects Research and 

Assessment Program, Workshop on the Global Effects of Carbon Dioxide From Fossil Fuels, 

President Carter’s DOE made the following statement: “The growing concern about the longrange consequences of carbon dioxide emissions resulting from ever-increasing fossil fuel 

combustion prompted the Division of Biomedical and Environmental Research of the Energy 

Research and Development Administration (ERDA) to undertake a thorough examination of the 

carbon dioxide problem.” For the workshop, “[s]ome 75 scientists were assembled to discuss the 

current knowledge of the CO2 cycle and the consequences of increases in CO2 content. They 

were also asked to identify significant gaps in our understanding and to recommend actions to 

fill those gaps.”31

58. On July 7, 1977, in a memorandum to President Jimmy Carter, Director of the Office of 

Science and Technology Policy Frank Press made the following statement: “Fossil fuel 

combustion has increased at an exponential rate over the last 100 years. As a result, the 

atmospheric concentration of CO2 is now 12 percent above the pre-industrial revolution level and 

may grow to 1.5 to 2.0 times that level within 60 years. Because of the ‘greenhouse effect’ of 

atmospheric CO2, the increased concentration will induce a global climatic warming of anywhere 

from 0.5o to 5oC. . . . A rapid climatic change may result in large scale crop failures at a time 

when an increased world population taxes agriculture to the limits of productivity. The urgency 

of the problem derives from our inability to shift rapidly to non-fossil fuel sources once the 

 30 Letter from Joseph Smagorinsky, Director, NOAA Geophysical Fluid Dynamics Laboratory to 

Rudolf Engelmann, Deputy Manager, Div. of Biomedical & Envtl. Research, U.S. Energy 

Research & Devel. Admin. (May 14, 1975). [Doc. 299-174; Bates P00000018002].

31 Doc. 341-156 at P00000054777.

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climatic effects become evident not long after the year 2000; the situation could grow out of 

control before alternate energy sources and other remedial actions become effective. . . . [W]e 

should emphasize targeted basic research which could lead to breakthroughs for solar electric, 

biomass conversion or other renewable energy sources.”32

59. In a memorandum to President Carter dated October 19, 1977 regarding the National 

Energy Plan, Jim Schlesinger and Stu Eizenstat wrote that one of the goals of the National 

Energy Plan was: “To increase our coal production by more than two-thirds, over 1 billion tons a 

year.”33

60. In December 1977, the Council on Environmental Quality (CEQ) issued its Eighth 

Annual Report to President Carter and Congress that contained the following statement: “If we 

use up the world’s stores of fossil fuels at a rapid rate, the predicted CO2 level will double by 

2025 and reach a maximum of seven to eight times today’s level by the year 2100. A doubling of 

the CO2 level could cause a 2–3oC increase in average atmospheric temperatures.”34

61. In December 1977, the CEQ issued its Eighth Annual Report to President Carter and 

Congress that contained the following statement: “A possible 2–3oC average temperature 

increase must be looked upon as a major global environmental threat––global temperatures over 

the past several thousand years have never fluctuated by more than about 1oC [] ––but the 

 32 Executive Office of the President, Memorandum from Frank Press to the President, Release of 

Fossil CO2 and the Possibility of Catastrophic Climate Change (July 7, 1977). [Doc. 299-193; 

Bates P00000030009- P00000030010, at P00000030010].

33 Memorandum for the President; Briefing Material on National Energy Plan 7 (Oct. 19, 1977) 

(retrieved from Jimmy Carter Presidential Library) (to be filed with Plaintiffs’ Third Motion in 

Limine).

34 Executive Office of the President, Council on Environmental Quality, Environmental Quality: 

The Eighth Annual Report of the Council on Environmental Quality 190 (1977), 

https://www.slideshare.net/whitehouse/august-1977-the-eighth-annual-report-of-the-council-onenvironmental-quality [Doc. 299-195; Bates P00000030011- P00000030486, at P00000030232].

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consequences are highly speculative.”35

62. In 1977, the National Research Council, the operating agency of the National Academies 

of Sciences, Engineering, and Medicine, issued a repot, Energy and Climate: Studies in 

Geophysics, that made the following statements: “Our best understanding of the relation between 

an increase in carbon dioxide in the atmosphere and change in global temperature suggests a 

corresponding increase in average world temperature of more than 6°C, with polar temperature 

increases of as much as three times this figure. This would exceed by far the temperature 

fluctuations of the past several thousand years and would very likely, along the way, have a 

highly significant impact on global precipitation.”36

63. In September 1977, Elmer B. Staats, Comptroller General of the United States, issued a 

report to Congress, U.S. Coal Development––Promises, Uncertainties, that made the following 

statement: “Whenever fossil fuels are burned, carbon dioxide is emitted. While some carbon 

dioxide is absorbed by plant life and the oceans, much of it accumulates in the upper atmosphere. 

These carbon dioxide concentrations intercept heat radiation from the earth, trapping heat within 

the atmosphere causing what has been termed as a ‘greenhouse effect’”

37

64. In September 1977, Elmer B. Staats, Comptroller General of the United States, issued a 

report to Congress, U.S. Coal Development––Promises, Uncertainties, that made the following 

statement: “[A] global warming of 1 degree to 2 degrees centigrade could cause serious 

 35 Executive Office of the President, Council on Environmental Quality, Environmental Quality: 

The Eighth Annual Report of the Council on Environmental Quality 190 (1977), 

https://www.slideshare.net/whitehouse/august-1977-the-eighth-annual-report-of-the-council-onenvironmental-quality [Doc. 299-195; Bates P00000030011- P00000030486, at P00000030232].

36 Nat’l Research Council, Energy and Climate: Studies in Geophysics, at viii (1977). [MIL #1 

Exh. 13; Doc. 299-202; Bates P00000039415- P00000039589].

37 Doc. 341-157 at P00000055147.

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repercussions on the earth’s surface including shifting of wind circulation belts and redistributing 

temperature patterns and precipitation levels. Numerous secondary effects associated with these 

primary effects will also occur . . . .” 38

65. In September 1977, Elmer B. Staats, Comptroller General of the United States, issued a 

report to Congress, U.S. Coal Development––Promises, Uncertainties, that made the following 

statement: “[T]he increased global temperature caused by rising concentrations of carbon dioxide 

may produce some melting of the polar ice caps, causing a sea level increase of tens of feet, 

gradually inundating coastal plains and lowlands, and perturbation of marine biology. With 

continued growth in the use of fossil fuels, the effect of increased coal combustion on climatic 

conditions may become an important problem during the next 50 years.”39

66. A September 1977 report from the General Accounting Office (now General 

Accountability Office), contains the following statement: “a global warming of 1 degree to 2 

degrees centigrade could cause serious repercussions on the earth’s surface including shifting of 

wind circulation belts and redistributing temperature patterns and precipitation levels.”40

67. A September 1977 report from the General Accounting Office (now General 

Accountability Office), contains the following statement: “With continued growth in the use of 

fossil fuels, the effect of increased coal combustion on climatic conditions may become an 

important problem during the next 50 years.”41

 38 Doc. 341-157 at P00000055147.

39 Doc. 341-157 at P00000055147.

40 Elmer B. Staats, Controller General, Report to Congress, U.S. Coal Development – Promise, 

Uncertainties. EMD-77-43, 1, 6.19 (Sept. 22, 1977) [MIL #2 Exh. 157; Doc. 341-157; Bates 

P00000054901-P00000055354, at P00000054903, P00000055147, P00000054908-

P00000054919]

41 Elmer B. Staats, Controller General, Report to Congress, U.S. Coal Development – Promise, 

Uncertainties. EMD-77-43, 1, 6.19 (Sept. 22, 1977) [MIL #2 Exh. 157; Doc. 341-157; Bates 

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68. In its 1978 report Environmental Quality: The Ninth Annual Report of the Council on 

Environmental Quality, the Council on Environmental Quality made the following statements: 

“Global effects of carbon dioxide in the atmosphere – Combustion of fossil fuels, and especially 

coal, is increasing global atmospheric CO2. This could induce climatic changes with potential for 

generating global sociopolitical disruption after 2025. It is urgent that we continue a strong 

research program to provide a sound basis for action no later than 1985. Because this problem is 

global in character, the United States should initiate a continuing international dialogue 

immediately.”42

69. In its 1979 report Environmental Quality: The Tenth Annual Report of the Council on 

Environmental Quality, the Council on Environmental Quality made the following statements: 

“Conceivably, scientific proof of the warming of the earth might come after the time has passed 

when action could be taken to reverse the trend. ‘If we wait until there is absolute proof that the 

increase in CO2 is causing a warming of the earth,’ says Dr. George Woodwell of Woods Hole 

Marine Biological Laboratory, ‘it will be 20 years too late to do anything about it.’”43

70. The Department of Energy’s April 1979 report, The Long Term Impact of Atmospheric 

Carbon Dioxide on Climate, estimated that CO2 would be doubled between 2035 and 2060, 

depending on the rate of increase in use of carbon fuels ranging from 1% to 4.3%.44

71. The Department of Energy’s April 1979 report, The Long Term Impact of Atmospheric 

Carbon Dioxide on Climate, made the following statement: “If civilization continues its heavy 

 

P00000054901-P00000055354, at P00000054903, P00000055147, P00000054908-

P00000054919]

42 Doc. 341-158 at P00000055957.

43 Doc. 341-159 at P00000057128.

44 Doc. 341-161 at P00000057347.

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reliance on carbon based fuels, and if there are no major shifts in the current response of the 

oceans and biosphere to changing carbon dioxide content, then we should expect during the 

middle of the 21st Century a warming of 2 to 3°C accentuated by a factor of three or four at high 

polar regions.”45

72. In 1979, the National Academy of Sciences’ Ad Hoc Study Group on Carbon Dioxide

and Climate issued a report, Carbon Dioxide and Climate: A Scientific Assessment (“Charney 

Report”), that made the following statements: “We believe, therefore, that the equilibrium 

surface global warming due to doubled CO2 will be in the range 1.5° C to 4.5° C, with the most 

probable value near 3°C” that “will be accompanied by significant changes in regional climatic 

patterns.”46

73. In 1979, the National Academy of Sciences’ Ad Hoc Study Group on Carbon Dioxide 

and Climate issued a report, Carbon Dioxide and Climate: A Scientific Assessment (“Charney 

Report”), that made the following statements: “The conclusions of this brief but intense 

investigation may be comforting to scientists but disturbing to policymakers. If carbon dioxide 

continues to increase, the study group finds no reason to doubt that climate changes will result 

and no reason to believe that these changes will be negligible. The conclusions of prior studies 

have been generally reaffirmed. However, the study group points out that the ocean, the great 

and ponderous flywheel of the global climate system, may be expected to slow the course of 

 45 Doc. 341-161 at P00000057352.

46 Jule G. Charney et al., Nat’l Academy of Sciences, Carbon Dioxide and Climate: A Scientific 

Assessment, Report of an Ad Hoc Study Group on Carbon Dioxide and Climate 16–17 (1979). 

[Doc. 299-194; Bates P00000030548- P00000030565, at P00000030562].

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observable climate change. A wait-and-see policy may mean waiting until it is too late.”47

74. In the 1980 report The Global 2000 Report to the President: Entering the Twenty-First 

Century, the Council on Environmental Quality and the U.S. Department of State made the 

following statements: “Prompt and vigorous changes in public policy around the world are 

needed to avoid or minimize these problems before they become unmanageable. Long lead times 

are required for effective action. If decisions are delayed until the problems become worse, 

options for effective action will be severely reduced.”48

75. In its 1980 Summary of the Carbon Dioxide Effects Research and Assessment Program, 

the Department of Energy made the following statements: “It is the sense of the scientific 

community that carbon dioxide from the unrestrained combustion of fossil fuels is potentially the 

most important environmental issue facing mankind. Current predictions call for a doubling of 

atmospheric carbon dioxide as early as the middle of the next century. Climate models, using 

these elevated levels, predict the possibility of significant dislocations in the global distribution 

of climate. Should such perturbations in the distribution of global temperature, cloudiness, 

precipitation, and wind occur, then it is clear that there could be major changes in the global 

distribution of agriculture, in the extent and composition of ecological systems, in the biological 

and physical characteristics of the oceans, and in the extent of the cryosphere. The costs or 

benefits of such extensive environmental changes to a balanced international societal system are 

difficult to estimate but could be historically unprecedented.”49

 47 Jule G. Charney et al., Nat’l Academy of Sciences, Carbon Dioxide and Climate: A Scientific 

Assessment, Report of an Ad Hoc Study Group on Carbon Dioxide and Climate viii (1979). 

[Doc. 299-194; Bates P00000030548- P00000030565, at P00000030552].

48 Doc. 341-165 at P00000057548.

49 Doc. 341-167 at P00000057614.

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76. In December 1980, the CEQ issued its Eleventh Annual Report to President Carter and 

Congress that made the following statements: “There is a growing realization that the earth’s 

atmosphere could be permanently and disastrously altered by human actions. The burning of 

fossil fuels and perhaps the cutting of forests without compensatory replanting are causing a 

steady, measurable buildup of carbon dioxide in the atmosphere that threatens widespread 

climate change.” 50

77. In December 1980, the CEQ issued its Eleventh Annual Report to President Carter and 

Congress that made the following statements: “Possible climatic effects include changes in wind 

direction and speed, in ocean currents, and in precipitation patterns. If these large-scale climatic 

changes occurred, the socioeconomic impacts would be significant. If the warming continued 

long enough, polar ice could melt and sea levels would rise, forcing a gradual evacuation of 

heavily populated coastal areas. Agricultural patterns would change as well. In some regions 

existing agricultural infrastructure could become obsolete.”51

78. In January 1981, the CEQ issued a report, Global Energy Futures and the Carbon 

Dioxide Problem, that made the following statements: “The CO2 problem should be taken 

seriously in new ways: it should become a factor in making energy policy and not simply be the 

subject of scientific investigation. Every effort should be made to ensure that nations are not 

 50 Council on Envt’l Quality, Environmental Quality: The Eleventh Annual Report of the 

Council on Environmental Quality 12, 265–66 (1980), 

https://www.slideshare.net/whitehouse/august-1980-the-eleventh-annual-report-of-the-councilon-env. [Doc. 299-196; Bates P00000030566- P00000031149, at P00000030610, 

P00000030861-62].

51 Council on Envt’l Quality, Environmental Quality: The Eleventh Annual Report of the 

Council on Environmental Quality 12, 265–66 (1980), 

https://www.slideshare.net/whitehouse/august-1980-the-eleventh-annual-report-of-the-councilon-env. [Doc. 299-196; Bates P00000030566- P00000031149, at P00000030610, 

P00000030861-62].

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compelled to choose between the risks of energy shortages and the risks of CO2. This goal

requires making a priority commitment here and abroad to energy efficiency and to renewable 

energy resources; it also requires avoiding a commitment to fossil fuels that would preclude 

holding CO2 to tolerable levels.”52

79. In 1981, the Council on Environmental Quality and the Department of State published a 

report Global Future, Time to Act that made the following statements: “[t]he United States 

should ensure that full consideration of the CO2 problem is given in the development of energy 

policy. Efforts should begin immediately to develop and examine alternative global energy 

futures, with special emphasis on regional analyses and the implications for CO2 buildup. The 

analyses should examine the environmental, economic, and social implications of alternative

energy futures that involve varying reliance on fossil fuels, and they should examine alternative 

mechanisms and approaches, international and domestic, for controlling CO2 buildup. Special 

attention should also be devoted to determining what would be a prudent upper bound on global 

CO2 concentrations.”53

80. On April 15, 1982, Paul C. Cahill, Director of EPA’s Office of Federal Activities sent a 

letter to Alan Hill, Chairman of the Global Issues Work Group of the CEQ that included a draft 

of the U.S. Government Statement on Global Environmental Principles, which contained the 

following statements: “Environmental policy should be based on the interests of present and 

future generations of human beings. A healthy environment is fundamental to the economic and 

 52 Council on Envt’l Quality, Global Energy Futures and the Carbon Dioxide Problem, at vi 

(1981), http://hdl.handle.net/2027/umn.31951d003573546 [Doc. 299-199; Bates P00000031150-

P00000031258, at P00000031158].

53 Council on Environmental Quality and Department of State, Global Future: Time To Act, 

Government Printing Office, 138 (Jan. 1981) [MIL #2 Exh. 168; Doc. 341-168; Bates 

P00000058230-P00000058490, at P00000058419].

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social well-being of mankind.”54

81. In its 1982 Annual Report to Congress and the President, the CEQ made the following 

statement: “increased atmospheric CO2 may be causing a warming trend that could increase 

mean global temperature between 2.5 and 4.5 degrees Celsius by the end of the 21st century.”55

82. In the 1982 report Carbon Dioxide and Climate: A Second Assessment, the National 

Research Council made the following statement: “For over a century, concern has been 

expressed that increases in atmospheric carbon dioxide (CO2) concentration could affect global 

climate by changing the heat balance of the atmosphere and Earth. Observations reveal steadily 

increasing concentrations of CO2, and experiments with numerical climate models indicate that 

continued increase would eventually produce significant climatic change.”56

83. In the 1982 report Carbon Dioxide and Climate: A Second Assessment, the National 

Research Council made the following statements: “despite the admitted existence of numerous 

uncertainties, the consensus on the nature and magnitude of the problem has remained 

remarkably constant throughout this long worldwide process of study and deliberation. Burning 

of fossil fuels releases to the atmosphere carbon that was extracted by ancient plants many 

millions of years ago. The most recent projections of future energy consumption suggest a 

slackening in the growth in energy consumption; nevertheless, even the most conservative 

estimates imply major CO2 injections. The details of the natural carbon cycle and the future 

disposition of injected CO2 are still unclear, but it seems certain that much man-made CO2 will 

 54 Letter from Paul C. Cahill, Director of EPA’s Office of Federal Activities sent a letter to Al 

Alan Hill, Chairman of the Global Issues Work Group of the Council on Environmental Quality 

(April 15, 1982). [MIL #1 Exh. 343; Doc. 299-147; Bates P00000025015- P00000025021, at 

P00000025017].

55 Doc. 341-170 at P0000058731. 56 Doc. 341-171 at P00000058851.

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remain in the atmosphere. Although questions have been raised about the magnitude of climatic 

effects, no one denies that changes in atmospheric CO2 concentration have the potential to 

influence the heat balance of the Earth and atmosphere. Finally, although possibly beneficial 

effects on biological photosynthetic productivity have been recognized, no one denies that an 

altered climate would to some extent influence how humanity secures its continuing welfare.”57

84. In a hearing on March 25, 1982 before the House Subcommittee on Natural Resources, 

Agricultural Resources and Environment and the Subcommittee on Investigations and Oversight 

of the Committee on Science and Technology entitled Carbon Dioxide and Climate: The 

Greenhouse Effect, Dr. James Hansen, Director of the NASA Goddard Institute for Space 

Studies, made the following statements to Congress: “I would like to note that a smaller but still 

significant sea level rise is likely to occur in the coming decades even without collapse of the 

West Antarctic ice sheet. Just the thermal expansion of ocean water and the slow ice sheet 

melting, that we have evidence to be occurring, will probably raise sea level between 1 and 2 feet 

in the next 70 years, if the climate sensitivity is approximately of the magnitude estimated by the 

National Academy of Sciences committee chaired by Charney. A sea level rise of 1 to 2 feet is 

sufficient to cause large-scale beach erosion, intrusion of salt water into low-lying freshwater 

regions, and a large increase of damaging storm surges in coastal areas.”58

85. In a hearing on March 25, 1982 before the House Subcommittee on Natural Resources, 

Agricultural Resources and Environment and the Subcommittee on Investigations and Oversight 

of the Committee on Science and Technology entitled Carbon Dioxide and Climate: The 

Greenhouse Effect, Dr. Melvin Calvin, Professor of Chemistry, Lawrence Berkeley Laboratory, 

 57 Doc. 341-171 at P00000058864.

58 Doc. 341-173 at P00000059040.

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University of California at Berkeley, advised Congress: “[I]f we go on with a 50-terawatt fossil 

fuel strategy, the carbon dioxide emissions and the temperature changes are very large indeed. 

They go up to 4 or 5 degrees. A 4 or 5 degree rise in the global temperature means an enormous 

change in the agricultural pattern of the Earth, and if that happens within two generations of the 

human race, I do not think the human race can adjust to it that fast; it is bad enough to adjust to it 

in several hundred years, to that big a change in agricultural patterns over the surface of the 

Earth. To do it in one or two generations, I think, is asking too much of mankind.”59

86. In September 1983, the Environmental Protection Agency (EPA) issued the report Can 

We Delay A Greenhouse Warming?, that stated that it was addressing “whether specific policies 

aimed at limiting the use of fossil fuels would prove effective in delaying temperature increases 

over the next 120 years.”60

87. In its September 1983 report, Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “Evidence continues to accumulate that increases in atmospheric carbon 

dioxide (CO2) and other ‘greenhouse’ gases will substantially raise global temperature. While 

considerable uncertainty exists concerning the rate and ultimate magnitude of such a temperature 

rise, current estimates suggest that a 2o C (3.6o F) increase could occur by the middle of the next 

century, and a 5o C (9o F) increase by 2100. Such increases in the span of only a few decades 

represent an unprecedented rate of atmospheric warming.”61

88. In its September 1983 report, Can We Delay A Greenhouse Warming?, the EPA made the 

 59 Doc. 341-173 at P00000059013.

60 U.S. EPA, Can We Delay A Greenhouse Warming? ii (1983). [Doc. 299-146; Bates 

P00000007230- P00000007437, at P00000007242]. 

61 U.S. EPA, Can We Delay A Greenhouse Warming? ii (1983). [Doc. 299-146; Bates 

P00000007230- P00000007437, at P00000007241].

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following statements: “Temperature increases are likely to be accompanied by dramatic changes 

in precipitation and storm patterns and a rise in global average sea level. As a result, agricultural 

conditions will be significantly altered, environmental and economic systems potentially 

disrupted, and political institutions stressed.”62

89. In its September 1983 report, Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “A warmer climate could dramatically change existing ecosystems, affect 

the habitability of many areas of the world, and alter the relationship between developed and 

developing nations. Adverse impacts will result primarily from increases in temperature, changes 

in precipitation, changes in storm patterns, and increases in sea level.”63

90. In its September 1983 report Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “[A] growing body of experts is calling for action now. For example, in its 

1979 report, the National Academy of Sciences warned against further delay in responding to the 

CO2 problem – ‘A wait and see attitude may mean waiting until it’s too late’ (Charney, 1979). 

Along similar lines, a report by the President’s Council on Environmental Quality concluded: ‘If 

a global response to the CO2 problem is postponed for a significant time, there may not be time 

to avoid substantial economic, social, and environmental disruptions once a CO2-induced 

warming trend is detected’ (CEQ, 1981). Calls for an immediate response have also been voiced 

at Congressional hearings, in newspaper editorials, and in news magazines across the nation. 

Such calls for action are not surprising, given the magnitude of the potential climatic changes 

that might accompany further increases in atmospheric CO2. In the minds of many, concern 

 62 U.S. EPA, Can We Delay A Greenhouse Warming? i (1983). [Doc. 299-146; Bates 

P00000007230- P00000007437, at P00000007241]. 

63 U.S. EPA, Can We Delay A Greenhouse Warming? i (1983). [Doc. 299-146; Bates 

P00000007230- P00000007437, at P00000007241].

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about these changes far outweighs remaining uncertainties surrounding their exact nature and 

timing.”64

91. In its September 1983 report Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “[O]ur findings call for an expeditious response. A 2°C increase in 

temperature by (or perhaps well before) the middle of the next century leaves us only a few 

decades to plan for and cope with a change in habitability in many geographic regions. Changes 

by the end of the 21st century could be catastrophic taken in the context of today’s world. A 

soberness and sense of urgency should underlie our response to a greenhouse warming.”65

92. The October 1983 EPA report Projecting Future Sea Level Rise: Methodology, Estimates 

to the Year 2100 & Research Needs made the following statement: “Global sea level will almost 

certainly rise in coming decades. A global rise of between 144 cm (4.8 feet) and 217 cm (7 feet) 

by 2100 is most likely. A global rise as low as 56 cm (1.9 feet) or as high as 345 cm (11 feet) by 

2100 cannot be ruled out.”66

93. The October 1983 EPA report Projecting Future Sea Level Rise: Methodology, Estimates 

to the Year 2100 & Research Needs reported: “Future energy use and fuel selection will thus be 

the primary determinants of the rate of CO2 emissions.”67

94. Changing Climate: Report of the Carbon Dioxide Assessment Committee, prepared at the 

 64 U.S. EPA, Can We Delay A Greenhouse Warming? 1-11 (1983). [MIL #1 Exh. 342; Doc. 299-

146; Bates P00000007230- P00000007437, at P00000007260].

65 U.S. EPA, Can We Delay A Greenhouse Warming? 7-7 (1983). [MIL #1 Exh. 342; Doc. 299-

146; Bates P00000007230- P00000007437, at P00000007401] . 

66 U.S. EPA, Projecting Future Sea Level Rise: Methodology, Estimates to the Year 2100 & 

Research Needs (1983). [Doc. 299-135/299-151; Bates P00000025022- P00000025149, at 

P00000025027].

67 U.S. EPA, Projecting Future Sea Level Rise: Methodology, Estimates to the Year 2100 & 

Research Needs (1983). [MIL #1 Exh. 331/347; Doc. 299-135/299-151; Bates P00000025022-

P00000025149, at P00000025036].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 30

request of Congress by the Carbon Dioxide Assessment Committee; Board on Atmospheric 

Sciences and Climate; Commission on Physical Sciences, Mathematics, and Resources; National 

Research Council and released in 1983 made the following statement: “While adverse 

consequences of 100 years from now are obviously less pressing than those of next year, if they 

are also of large magnitude and irreversible, we cannot in good conscience discount them.”68

95. Changing Climate: Report of the Carbon Dioxide Assessment Committee, prepared at the 

request of Congress by the Carbon Dioxide Assessment Committee; Board on Atmospheric 

Sciences and Climate; Commission on Physical Sciences, Mathematics, and Resources; National 

Research Council and released in 1983 made the following statement: “A collapse of the West 

Antarctic Ice Sheet would release about 2 million km of ice before the remaining half of the 

ice sheet began to float (Bentley, 1983). The resulting worldwide rise in sea level would be 

between 5 and 6 m. The oceans would flood all existing port facilities and other low-lying 

coastal structures, extensive sections of the heavily farmed and densely populated river deltas 

of the world, major portions of the state of Florida and Louisiana, and large areas of many of 

the world's major cities.”69

96. During his remarks on June 21, 1984 at the Organization for Economic Cooperation and 

Development, EPA Administrator William D. Ruckelshaus made the following statements: “In 

order to cope with these problems we are going to have to take a longer view than most 

governments are comfortable with taking. With these kinds of problems it takes a long time to 

 68 Nat’l Academy of Science, Changing Climate: Report of the Carbon Dioxide Assessment 

Committee 51 (1983), https://www.nap.edu/catalog/18714/changing-climate-report-of-thecarbon-dioxide-assessment-committee (to be filed with Plaintiffs’ Third Motion in Limine).

69 Nat’l Academy of Science, Changing Climate: Report of the Carbon Dioxide Assessment 

Committee 441–42 (1983), https://www.nap.edu/catalog/18714/changing-climate-report-of-thecarbon-dioxide-assessment-committee (to be filed with Plaintiffs’ Third Motion in Limine).

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 31

figure out what to do and an even longer time to do it. The alternative to making such long-term 

commitments is a succession of unexpected and shattering crises.”70

97. During his remarks on June 21, 1984 at the Organization for Economic Cooperation and 

Development, EPA Administrator William D. Ruckelshaus made the following statements: 

“There are some cherished values that resists being quantified or squeezed into monetary terms, 

but are no less real for that. Agents of democratic societies are responsible to the people, but we 

should remember that the people refers not only to the working majority that actually makes 

current decisions, and not even to the whole of the living population, but to those who came 

before us who provided our traditions and our physical patrimony as nations, and to those who 

will come after us, and who will inherit what we leave behind. Decisions in the environmental 

arena often touch on this broader sense of public responsibility, and we cannot afford to lose it 

among the numbers.”71

98. In February 1985, the Department of Energy’s Carbon Dioxide Research Program made 

the following statement in its report Projecting the Climatic Effects of Increasing Carbon 

Dioxide: “The current working consensus is that global climate will warm 1.5-4.5 degrees C if 

CO2 concentrations are doubled.”72

99. In December 1985, the Department of Energy issued a report, Atmospheric Carbon 

Dioxide and the Global Carbon Cycle that made the following statement: “[h]uman effects on 

atmospheric composition and the size and operations of the terrestrial ecosystems represent 

major excursions that may yet overwhelm the life-support system crafted in nature of billions of 

 70 Doc. 341-175 at P00000059201.

71 Doc. 341-175 at P00000059199.

72 U.S. Dep’t of Energy, Carbon Dioxide Research Div., Projecting the Climatic Effects of 

Increasing Carbon Dioxide xx (1985). [Doc. 270-43; Bates P00000010100- P00000010511].

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years.”73

100. In its December 1985 report, Projecting the Climatic Effects of Increasing Carbon 

Dioxide, the Department of Energy made the following statements: “There is little doubt that the 

increasing concentration of atmospheric carbon dioxide (CO2) has the potential to modify the 

Earth’s climate. Increased global surface temperatures, altered precipitation patterns, and 

changes in other climatic variables could have substantial economic and social consequences.”

74

101. In its December 1985 report, Projecting the Climatic Effects of Increasing Carbon 

Dioxide, the Department of Energy made the following statements: “Virtually all studies suggest 

that the increasing CO2 concentration will significantly increase the global average 

temperature.”75

102. On September 12, 1986, members of the Senate Environment and Public Works 

Committee sent a formal request to the EPA Administrator asking the agency to undertake a 

study on the “health and environmental effects of climate change” and a study on “an 

examination of the policy options that, if implemented, would stabilize current levels of 

atmospheric greenhouse gas emissions.”76

103. In a letter sent to President Reagan on May 21, 1986, Senator Al Gore made the 

following statements: “One of the most serious long-term environmental problems facing the 

 73 Dep’t of Energy, DOE/ER-0239, Atmospheric Carbon Dioxide and the Global Carbon Cycle 

300 (1985), https://www.osti.gov/servlets/purl/6048470 [Doc. 299-205; Bates P00000032576-

P00000032916, at P00000032900].

74 Dep’t of Energy, Projecting the Climatic Effects of Increasing Carbon Dioxide, at ix (1985). 

[Doc. 299-203; Bates P00000032164- P00000032575, at P00000032176].

75 Dep’t of Energy, Projecting the Climatic Effects of Increasing Carbon Dioxide, at ix (1985). 

[Doc. 299-203; Bates P00000032164- P00000032575, at P00000032176].

76 U.S. EPA, EPA-230-05-89-050, The Potential Effects of Global Climate Change on the United 

States Draft Report to Congress 1 (Oct. 1988). [Doc. 299-136/299-152; Bates P00000007438-

P00000007908, at P00000007464]; see also Doc. 341-179 at P00000059785.

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United States and the world is the greenhouse effect. This global warming, which is the result of 

the accumulation of carbon dioxide and trace gases in the atmosphere, could have disastrous 

consequences ranging from alteration of weather patterns to a rise in sea levels.”77

In 1987, Robert E. Johnson through Ralph C. Bledsoe, Executive Secretary of the Domestic 

Policy Council, wrote a memorandum to Nancy J. Risque, Assistant to the President and Cabinet 

Secretary, made the following statement about the Reagan White House Office of Science 

Technology Policy (OSTP): OSTP “strongly opposed the Global Protection Act and 

consideration of policy actions on global climate change, arguing that the science is not 

understood well enough to formulate meaningful policies. Although the statute requires policy 

consideration of this issue, DPC action now could be premature before the science ‘is ready.’”78

104. In a memorandum to Ralph Bledsoe of the White House Domestic Policy Council sent on 

January 15, 1988, Richard J. Smith, Acting Assistant Secretary for the Department of State’s 

Bureau of Oceans and International Environmental and Scientific Affairs, made the following 

statements: “As scientific research on global climate change has advanced over the past decade, 

global warming has become an issue in national and international fora. Significant uncertainties 

remain about the magnitude, timing and regional impacts of climate change. Still, global 

warming at an unprecedented rate in the coming decades appears likely, as a result of human 

activities (e.g., emission of CO2, NOx, CFCs, and deforestation). Global warming within a 

century could be greater than that experienced over the past 10,000 years. The resulting changes 

will surely have broad implications for U.S. domestic and international policies.”79

 77 Doc. 341-177 at P00000059580.

78 Memorandum through Ralph C. Bledsoe for Nancy J. Risque, The Global Climate Protection 

Act (Dec. 29, 1987) [MIL #2 Exh. 182; Doc. 341-182; Bates P00000059868].

79 Doc. 341-183 at P00000059869.

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105. In a letter to Richard Hallgren, U.S. Permanent Representative to the World 

Meteorological Organization dated January 27, 1988, Richard J. Smith, Acting Assistant 

Secretary for the Department of State’s Bureau of Oceans and International Environmental and 

Scientific Affairs, made the following statements: “I believe it is important that we take an active 

role in shaping [the International Panel on Climate Change] to meet U.S. Government objectives. 

The panel should not undertake scientific work itself; sufficient mechanisms exist within [the 

World Meteorological Organization] and elsewhere, which should be used, not duplicated. At the 

same time, we believe calls for negotiation of an international legal instrument to address the 

issue are premature.”80

106. On June 23, 1988, J. Bennett Johnston, U.S. Senator from Louisiana, Chairman of the 

Senate Committee on Energy and Natural Resources, in his opening statement to a Hearing 

Before the Committee on Energy and Natural Resources on the Greenhouse Effect and Global 

Climate Change, made the following statements: “We have only one planet. If we screw it up, 

we have no place else to go. The possibility, indeed, the fact of our mistreating this planet by 

burning too much fossil fuels and putting too much CO2 in the atmosphere and thereby causing 

this greenhouse effect is now a major concern of the Members of the Congress and of people 

everywhere in this country.”81

107. On June 23, 1988, J. Bennett Johnston, U.S. Senator from Louisiana, Chairman of the 

Senate Committee on Energy and Natural Resources, in his opening statement to a Hearing 

 80 Doc. 341-184 at P00000059889.

81 Hon. J. Bennett Johnston, Chairman, U.S. Senate Committee on Energy and Natural 

Resources, Hearing Before the U.S. Senate Committee on Energy and Natural Resources: Part 2, 

S. Hrg. 100-461, at 1 (June 23, 1988) [MIL #1 Exh. 17; Doc. 299-206; Bates P00000036792-

P00000037010, at P00000036796].

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Before the Committee on Energy and Natural Resources on the Greenhouse Effect and Global 

Climate Change, made the following statements: “The greenhouse effect has ripened beyond 

theory now. We know it is fact. What we don’t know is how quickly it will come upon us as an 

emergency fact, how quickly it will ripen from just simply a matter of deep concern to a matter 

of severe emergency.”82

108. On June 23, 1988, Dr. James Hansen, then-Director of NASA Goddard Institute for 

Space Studies, made the following statements in testimony to the Senate Committee on Energy 

and Natural Resources: “Number one, the earth is warmer in 1988 than at any time in the history 

of instrumental measurements. Number two, the global warming is now large enough that we can 

ascribe with a high degree of confidence a cause and effect relationship to the greenhouse effect. 

And number three, our computer climate simulations indicate that the greenhouse effect is 

already large enough to begin to effect the probability of extreme events such as summer heat 

waves.”83

109. On September 22, 1988, Donna R. Fitzpatrick, Undersecretary of the Department of 

Energy, made the following statement before the House of Representatives Committee on 

Energy and Commerce, Subcommittee on Energy and Power: “The greenhouse effect has been 

the subject of research attention at the Department of Energy for the last 10 years.”84

 82 Hon. J. Bennett Johnston, Chairman, U.S. Senate Committee on Energy and Natural 

Resources, Hearing Before the U.S. Senate Committee on Energy and Natural Resources: Part 2, 

S. Hrg. 100-461 pt. 2, at 2 (June 23, 1988) [MIL #1 Exh. 17; Doc. 299-206; Bates 

P00000036792- P00000037010, at P00000036797]. 83 Dr. James Hansen, Director, NASA Goddard Institute for Space Studies, Hearing Before the 

U.S. Senate Committee on Energy and Natural Resources: Part 2, S. Hrg. 100-461, at 39 (June 

23, 1988) [Doc. 299-206; Bates P00000036792- P00000037010, at P00000036834].

84 Statement of Donna R. Fitzpatrick, Hearing on the Energy Policy Implications of Global 

Warming, U.S. House of Representatives Committee on Energy & Commerce, Subcommittee on 

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110. On December 1, 1988, in a hearing before the Senate Committee on Agriculture, 

Nutrition, and Forestry on ‘The Potential Effects of Global Warming and Global Climate Change 

on U.S. Agriculture and Forestry,’ Linda J. Fisher, Assistant Administrator for Policy, Planning, 

and Evaluation for the EPA, made the following statement: “There is scientific consensus that 

increases in atmospheric greenhouse gas concentrations will result in climate change.”85

111. In a memorandum from Frederick M. Bernthal, Assistant Secretary of State for Oceans 

and International Environmental and Scientific Affairs, to Richard T. McCormack, Under 

Secretary-Designate of State for Economic Affairs, dated February 9, 1989, Mr. Bernthal made 

the following statements: “While it is clear that we need to know more about climate change, 

prudence dictates that we also begin to weigh impacts and possible responses. We simply cannot 

wait––the costs of inaction will be too high.”86

112. In a memorandum from Frederick M. Bernthal, Assistant Secretary of State for Oceans 

and International Environmental and Scientific Affairs, to Richard T. McCormack, Under 

Secretary-Designate of State for Economic Affairs, dated February 9, 1989, Mr. Bernthal made 

the following statements: “[T]he U.S. must take the lead in international efforts to address global 

climate change. Others look to us to do so because we are best equipped to understand the 

problem and develop solutions. We also contribute substantially to the problem.”87

113. On April 20, 1989, EPA Administrator William K. Reilly made the following statements 

 

Energy & Power (Sept. 22, 1988). [Doc. 270-69; Bates P00000010512- P00000010781, at 

P00000010600].

85 Testimony of Linda J. Fisher, Assistant Administrator for Policy, Planning, and Evaluation for 

the U.S. EPA 1 (Dec. 1, 1988). [Doc. 299-137/299-153; Bates P00000025150- P00000025173, 

at P00000025150].

86 Doc. 341-188 at P00000060449.

87 Doc. 341-188 at P00000060450.

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before the National Press Club in Washington, D.C.: “We at the EPA are the long distance 

runners of government. The real test is not in the regulatory decisions that are made in March or 

April or May. The real test will be the health of our people and the quality of our environment at 

the turn of the century and beyond. And this is a test we dare not fail.”88

114. The Potential Effects of Global Climate Change on the United States: Appendix J –

Policy published, May 1989, by the Office of Policy, Planning and Evaluation, contains a report 

entitled Climate Change and Water Resoruces in the Sacramento-San Joaquin Region of 

California: Policy Adjustment Options in which William E. Reibsame and Jeffrey W. Jacobs of 

the Natural Hazards Research and Applications Information Center made the following 

statement: “Increasingly credible predictions indicate that anthropogenic climate changes are 

likely to merge from the noise of natural climate variability during the next decade or so. By the 

middle of the 21st century, global average temperatures may be 3 degrees to 5 degrees C warmer 

than present. Some analysts believe that global warming is already under way (Hansen et al, 

1988, 1988; Hansen and Lebedeff, 1988), as evidenced by unusually warm temperatures in the 

1980s.”89

115. The Potential Effects of Global Climate Change on the United States: Appendix J –

Policy published, May 1989, by the Office of Policy, Planning and Evaluation, contains a report 

entitled Policy Implications of Global Climate Change Impacts Upon the Tennessee Valley 

Authority Reservoir System, Apalachicola River, Estuary, and Bay and South Florida, in which 

 88 U.S. EPA Administrator William K. Reilly, Environmental Protection in the Bush 

Administration: Measures By Which to Judge Us 4, 9 (April 20, 1989). [Doc. 299-138/299-154; 

Bates P00000025174- P00000025184 at P00000025179, P00000025184].

89 U.S. EPA, The Potential Effects of Global Climate Change on the United States Draft Report 

to Congress, 600D88281, at 4-1 (Oct. 1988) [Doc. 299-136]. 

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Mark Meo, et al, of the University of Oklahoma made the following statement: “General 

Circulation Model analyses of potential climate change impacts on South Florida suggest the 

following probable trends: (1) an increase in the rate of sea level rise; (2) an increase in the 

magnitude and frequency of tropical storms; (3) increased variability in rainfall quantity; and (4) 

increased evapotranspiration (Pielke et al. 1988; Rhoads et al. 1987).”90

116. A 1990s State Department memorandum made the following statement: “The best 

scientific evidence indicates that the continued increase in greenhouse gas concentrations will 

cause the global climate to change.”91

117. A 1990s State Department memorandum made the following statement: “While many 

nations sought to set firm ‘targets and timetables’ for reducing greenhouse gas emissions, U.S. 

objection to firm commitments resulted in an agreement that sets a non-binding goal for 

developed countries to return emissions to 1990 levels by the end of the decade.”92

118. In a February 5, 1990 Address to the Intergovernmental Panel on Climate Change at 

Georgetown University, President George H.W. Bush made the following statements: “We all 

know that human activities are changing the atmosphere in unexpected and unprecedented ways. 

Much remains to be done. Many questions remain to be answered. Together, we have a 

responsibility to ourselves and the generations to come, to fulfill our stewardship obligations.”93

119. In a March 1990 report, Greenhouse Effect: DOE’s Programs and Activities Relevant to 

 90 U.S. EPA, The Potential Effects of Global Climate Change on the United States Draft Report 

to Congress, 600D88281, at 6-11 (Oct. 1988) [Doc. 299-136].

91 Dep’t of State, PRD-12/Global Climate Change Policy Decision Paper (n.d.) [MIL #1 Exh. 19; 

Doc. 299-208; Bates, at P00000029864].

92 Dep’t of State, PRD-12/Global Climate Change Policy Decision Paper (n.d.) [MIL #1 Exh. 19; 

Doc. 299-208; Bates, at P00000029864].

93 Doc. 341-196 at P00000061199.

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the Global Warming Phenomenon, the U.S. General Accounting Office (now the Government 

Accountability Office) made the following statements: “DOE has concluded that currently 

available information about the increase of carbon dioxide in the atmosphere is cause for serious 

concern even at the most optimistic end of the range of predicted impacts,” but that “[t]he largest 

increase in proposed funding was for the Clean Coal Technology program within the Office of 

Fossil Energy. DOE has requested $575 million, which is a 242 percent increase over the fiscal 

year 1989 funding level. DOE’s funding request for its conservation and renewable program area 

and nuclear energy program area is reduced for fiscal year 1990.”94

120. In a memorandum to members of the Global Change Strategy Task Force dated May 21, 

1990, D. Allan Bromley, Science Advisor to President George H.W. Bush, and Stephen 

Danzansky, former Special Assistant to President Reagan for National Security Affairs and 

Senior Director of International Economic Affairs, made the following statements: “Given the 

significant remaining scientific and economic uncertainties, we believe it is premature at this 

time to implement stringent measures for limiting greenhouse gas emissions solely to mitigate 

potential climate change” and that “We do not believe there is sufficient evidence at this time to 

warrant stringent measures, with potentially serious negative economic consequences, to limit 

greenhouse gas emissions.”95

121. In a memorandum regarding the Second World Climate Conference to President George 

H.W. Bush dated October 23, 1990, Roger B. Porter, Director of the Domestic Policy Council 

made the following statements: “The northern Europeans and the Nordics want to establish 

 94 Doc. 341-197 at P00000061217–18.

95 Doc. 341-199 at P00000061310, P00000061313.

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targets and timetables. We have refused, citing the probable negative effects on growth.”96

122. In a memorandum regarding the Second World Climate Conference to President George 

H.W. Bush dated October 23, 1990, Roger B. Porter, Director of the Domestic Policy Council 

wrote: “The northern Europeans and the Nordics want to establish targets and timetables. We 

have refused, citing the probable negative effects on growth.”97

123. In December 1990, the EPA issued a report to Congress, Policy Options for Stabilizing 

Global Climate, that contained the following statements: “Based on a wide range of policy 

options, from energy efficiency to new methods of rice cultivation, [this report] presents possible 

future scenarios of greenhouse gas emissions to the year 2100 depending on the level of response 

as well as many other independent factors. The results demonstrate that greenhouse gas 

emissions can be effectively reduced.”

98

124. In December 1990, the EPA issued a report to Congress, Policy Options for Stabilizing 

Global Climate, that contained the following statements: “The adoption of policies to limit 

emissions on a global basis, such as simultaneous pursuit of energy efficiency, non-fossil energy 

sources, reforestation, the elimination of CFCs [chlorofluorocarbons] and other measures, could 

reduce the rate of warming during the 21st century by 60% or more. Even under these 

assumptions, the Earth could ultimately warm by 1-4°C or more relative to pre-industrial times. 

Extremely aggressive policies to reduce emissions would be necessary to ensure that total 

warming is less than 2°C.”99

 96 Doc. 341-205 at P00000061475.

97 Doc. 341-205 at P00000061475.

98 U.S. EPA, Policy Options for Stabilizing Global Climate xxiii (1990). [Doc. 299-139/299-155; 

Bates P00000007909- P00000008481, at P00000007930].

99 U.S. EPA, Policy Options for Stabilizing Global Climate VI-1 (1990). [Doc. 299-139/299-155; 

Bates P00000007909- P00000008481, at P00000008308].

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125. In December 1990, the EPA issued a report to Congress, Policy Options for Stabilizing 

Global Climate, that contained the following statements: “[W]hile it is not possible to stabilize 

greenhouse gas concentrations immediately, a global commitment to rapidly reduce greenhouse 

gas emissions might be able to stabilize their concentrations by the middle of the next century 

and even reduce concentrations toward current levels by the end of the next century. While 

humans may have already committed the earth to significant climate change during the next 

century, efforts undertaken now to limit the buildup of greenhouse gases in the atmosphere can 

dramatically reduce the r ate and ultimate magnitude of such change.”100

126. In December 1990, the EPA issued a report to Congress, Policy Options for Stabilizing 

Global Climate, that contained the following statements: “[P]olicy choices and investment 

decisions made during the next decade that are designed to increase the efficiency of energy use 

and shift the fuel mix away from fossil fuels could slow the rate of buildup sufficiently to avoid 

the most catastrophic potential impacts of rapid climate change. Alternatively, decisions to 

rapidly expand the use of coal, extend the use of the most dangerous CFCs, and rapidly destroy 

the remaining tropical forests could ‘push up the calendar,’ accelerating the onset of a dangerous 

global warming.”101

127. In its 1991 paper Policy Implications of Greenhouse Warming, the National Academy of 

Sciences’ Committee on Science, Engineering, and Public Policy made the following statements: 

“Despite the great uncertainties, greenhouse warming is a potential threat sufficient to justify 

action now. Some current actions could reduce the speed and magnitude of greenhouse warming; 

 100 U.S. EPA, Policy Options for Stabilizing Global Climate 2 (1990). [Doc. 299-139/299-155; 

Bates P00000007909- P00000008481, at P00000007935].

101 U.S. EPA, Policy Options for Stabilizing Global Climate I-13 (1990) [Doc. 299-139/299-155; 

Bates P00000007909- P00000008481, at P00000007991].

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others could prepare people and natural systems of plants and animals for future adjustments to 

the conditions likely to accompany greenhouse warming. There are a number of mitigation and 

adaptation options available to the United States. This panel recommends implementation of the 

options presented below through a concerted program to start mitigating further buildup of 

greenhouse gases and to initiate adaptation measures that are judicious and practical. It also 

recommends a strong scientific program to continue to reduce the many uncertainties. 

International cooperation is essential in all areas.”102

128. In a January 22, 1991 memorandum to the Domestic Policy Council on the Framework 

Convention on Climate Change, the U.S. Global Change Working Group made the following 

statements: “Over the past year, the U.S. has taken a prudent approach to the climate change 

issue. Other countries have been willing to commit themselves to specific targets and timetables 

for reducing greenhouse gas emissions with little regard, in some cases, for either the cost or the 

lack of information necessary to craft an effective plan. The U.S. is widely perceived as entering 

these negotiations in an isolated position, since it is the only major developed country that has 

not committed itself to a timetable for achieving specific greenhouse gas reductions.”103

129. In February 1991, the Office of Technology Assessment reported issued a report to 

Congress, Changing by Degrees: Steps to Reduce Greenhouse Gases, that made the following 

statement: “But it is clear that the decision to limit emissions cannot await the time when the full 

impacts are evident. The lag time between emission of the gases and their full impact is on the 

order of decades to centuries, so too is the time needed to reverse any effects. Today’s emissions 

 102 Doc. 341-207 at P00000062203.

103 Doc. 341-208 at P00000062265.

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thus commit the planet to changes well into the 21st century.”104

130. In a July 30, 1991 letter to John Sununu, White House Chief of Staff, David W. Loer, 

General Manager of Minnkota Power Cooperative made the following statements: “On behalf of 

the 80,000 customers served by our rural electric power system, I want to thank you for the 

strong position you have taken on the global warming issue. Your skepticism regarding carbon 

dioxide as a cause of global warming is a “breath of fresh air” to those of us who are very 

concerned about the consequences of adverse action or legislation dealing with this issue. In our 

research, we have also found a number of credible climatologists who are not agreeing with the 

catastrophic global warming theory. We need to find ways for them to be more involved in 

dealing with this important issue. We know there is an extreme amount of pressure on you and 

other staff in the Administration to convince you that there needs to be limits placed on carbon 

dioxide emissions. We appreciate your recognizing the severe economic impact of such action. 

Minnkota Power Cooperative, Inc., owns and operates only North Dakota coal-fired electric 

generating plants. Not surprisingly, we are hoping that your position on this issue prevails. Is 

there anything that we can do to assist you or your position on the global warming issue? Please 

call us – we would like to help.”105

131. In October 1992, the United States Senate passed a resolution, providing advice and 

consent for the ratification of the United Nations Framework Convention on Climate Change 

(UNFCCC), which the President then ratified. Answer ¶ 145.

132. In its 1992 Reports to the Nation on Our Changing Planet: The Climate System, NOAA 

 104 Office of Technology Assessment, Changing by Degrees: Steps to Reduce Greenhouse Gases 

3 (1991). [Doc. 299-211; Bates P00000033358- P00000033716, at P00000033360, 

P00000033370].

105 Doc. 341-214 at P00000062305.

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made the following statements: “The nations of the world now face a great challenge - to 

anticipate future climate change and develop a rational program for protecting the environment. 

No need could be more pressing, no mission of greater import to future generations.”106

133. In its 1992 Reports to the Nation on Our Changing Planet: The Climate System, NOAA 

made the following statements: “The buildup of these and other gases has already strengthened 

Earth’s greenhouse effect. But it may take several decades to feel the warming because 

atmospheric temperatures will rise significantly only after the oceans of the world have slowly 

warmed. The postponement may seem like an advantage, in that it gives us more time to prepare. 

However, the time lag could lead us to underemphasize the importance of the problem while we 

still have a chance to avert drastic climate change. In truth, we have already committed ourselves 

to some degree of warming, even if we could instantly halt the buildup of greenhouse gases in 

the atmosphere. Whatever lies ahead, the world is accelerating its pace toward that unknown end. 

In the last three decades, the annual global release of carbon dioxide has doubled, reflecting a 

climb in the rate of fossil fuel burning and deforestation. As human population and economic 

activities continue to grow, carbon dioxide emissions could double again in the next three 

decades unless the nations of the world limit their consumption of fossil fuels.”107

134. In October 1995, EPA issued a report, The Probability of Sea Level Rise, EPA 230-R-95-

008, that made the following statement: “Global warming is most likely to raise sea level 15 cm 

by the year 2050 and 34 cm by the year 2100. There is also a 10 percent chance that climate 

change will contribute 30 cm by 2050 and 65 cm by 2100.” 108

 106 Doc. 341-217 at P00000062367.

107 Doc. 341-217 at P00000062366.

108 U.S. EPA, EPA 230-R-95-008, The Probability of Sea Level Rise ii (1995). [Doc. 299-

143/299-159; Bates P00000008566- P00000008761, at P00000008570].

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135. In October 1995, EPA issued a report, The Probability of Sea Level Rise, EPA 230-R-95-

008, that made the following statement: “Stabilizing global emissions in the year 2050 would be 

likely to reduce the rate of sea level rise by 28 percent by the year 2100, compared to what it 

would be otherwise.”

109

136. In October 1995, EPA issued a report, The Probability of Sea Level Rise, EPA 230-R-95-

008, that made the following statement: “Stabilizing emissions by the year 2025 could cut the 

rate of sea level rise in half.”110

137. In 1995, Timothy E. Wirth, then-Undersecretary of State, reported to the First Conference 

of the Parties to the Framework Convention in Climate Change that by “increasing the 

concentration of greenhouse gases in the atmosphere at a rate unknown in all of human history, 

we are rolling the dice––gambling with our children’s and grandchildren’s future.”111

138. At the Global Climate Change: An East Room Roundtable held at the White House on 

July 24, 1997, President Clinton made the following statements: “The whole issue of climate 

change must be looked at in terms of our deepest obligations to future generations.”112 

139. At the Global Climate Change: An East Room Roundtable held at the White House on 

July 24, 1997, President Clinton made the following statements: “We cannot fulfill our 

responsibilities to future generations unless we deal responsibly with the challenge of climate 

 109 U.S. EPA, EPA 230-R-95-008, The Probability of Sea Level Rise ii (1995). [Doc. 299-

143/299-159; Bates P00000008566- P00000008761, at P00000008570].

110 U.S. EPA, EPA 230-R-95-008, The Probability of Sea Level Rise ii (1995). [Doc. 299-

143/299-159; Bates P00000008566- P00000008761, at P00000008570].

111 Timothy E. Wirth, Statement to First Conference of the Parties to the Framework Convention 

on Climate Change (Apr. 5, 1995) [MIL #1 Exh. 24; Doc. 299-213; Bates P00000033761-

P00000033772, at P00000033763].

112 Doc. 341-232 at P00000064314.

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change.”113 

140. At the Global Climate Change: An East Room Roundtable held at the White House on 

July 24, 1997, President Clinton made the following statements: “We must also protect the Earth 

for that new millenium, to ensure that the American people will benefit from the opportunities 

we are trying to create. We cannot fulfill our responsibilities to future generations unless we 

deal responsibly with the challenge of climate change.”114

141. In his opening remarks at the Discussion on Climate Change at the White House on July 

24, 1997, President Clinton made the following statement: “To me, we have to see this whole 

issue of climate change in terms of our deepest obligations to future generations.”115

142. In his opening remarks at the Discussion on Climate Change at the White House on July 

24, 1997, President Clinton made the following statement: “It is obvious that we cannot fulfill 

our responsibilities to future generations unless we deal responsibly with the challenge of climate 

change.”116

143. In his opening remarks at the Discussion on Climate Change at the White House on July 

24, 1997, President Clinton made the following statement: “I believe the science demands that 

we face this challenge now. I’m positive that we owe it to our children.”117

144. In his opening remarks at the Discussion on Climate Change at the White House on July 

24, 1997, President Clinton made the following statements: “And all of this gives rise to a great 

concern that we are committing future generations to a planet that is altered in profound ways 

 113 Doc. 341-232 at P00000064314.

114 Doc. 341-232 at P00000064314.

115 Doc. 341-234 at P00000064351.

116 Doc. 341-234 at P00000064351-P00000064352.

117 Doc. 341-234 at P00000064353.

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that can cause great harm to future generations.”118

145. In his opening remarks at the Discussion on Climate Change at the White House on July 

24, 1997, President Clinton made the following statements: “If we fail to act, scientists expect 

that our seas will rise one to three feet, and thousands of square miles here in the United States, 

in Florida, Louisiana, and other coastal areas will be flooded. Infectious diseases will spread to 

new regions. Severe heat waves will claim lives. Agriculture will suffer. Severe droughts and 

floods will be more common. These are the things that are reasonably predictable.”119

146. In remarks made at the SE Regional Climate Change Impacts Meeting at Vanderbilt 

University on June 25, 1997, Vice President Gore made the following statements: “We have a 

choice about the environmental legacy we leave to our children, and our children's children. 

They are depending on us to choose wisely.”120

147. In remarks made on October 6, 1997 at the White House Conference on Climate Change, 

President Clinton made the following statement: “We do not want the young people who sat on 

these steps today, for whom 33 years will also pass in the flash of an eye, to have to be burdened 

or to burden their children with our failure to act.”121

148. In remarks made on October 22, 1997 before the National Geographic Society, President 

Clinton made the following statements: “But make no mistake, the problem is real. And if we do

not change our course now, the consequences sooner or later will be destructive for America and 

for the world.”122

 118 Doc. 341-234 at P00000064350.

119 Doc. 341-234 at P00000064352.

120 Doc. 341-231 at P00000064307.

121 Doc. 341-236 at P00000064389.

122 Doc. 341-237 at P00000064414.

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149. In 1997, the CEQ issued its annual report to the President and Congress Environmental 

Quality: Along the American River, that made the following statement: “The average global 

temperature is projected to rise 2 to 6 degrees over the next century . . . . [t]he longer we wait to 

reduce our emissions, the more difficult the job, and the greater the risks.”123

150. In its 1997 Annual Report on Environmental Quality, the CEQ made the following 

statements: “Since 1860, it is estimated that global CO2 concentrations have increased from 

about 280 parts per million to about 360 parts per million today, or about 30 percent. Roughly 

half of that increase has occurred since 1970.”124

151. In the early 2000s, the United States Forest Service (USFS) created advanced computer 

models producing the national-scale simulations of how ecosystems and fire regimes could 

change in the 21st century under climate change scenarios.125

152. In her talking points for the G8 Environmental Ministerial Meeting Working Session on 

Climate Change in Trieste, Italy on March 3, 2001, then-EPA Administrator Christine Todd 

Whitman made the following statements: “Increasingly, there is little room for doubt that 

humans are affecting the Earth’s climate, that the climate change we’ve seen during the past 

century is the result of human activity, and that we must continue our efforts to stop and reverse 

the growth in the emission of greenhouse gases. If we fail to take the steps necessary to address 

 123 Council on Envt’l Quality, Environmental Quality: Along the American River, at xi (1997), 

https://ceq.doe.gov/docs/ceq- reports/ceq-annual-report- 1996.pdf [Doc. 299-214; Bates 

P00000039590- P00000039987, at P00000039599].

124 Council on Envt’l Quality, Environmental Quality: The 1997 Report of the Council on 

Environmental Quality 194 (1998), https://ceq.doe.gov/docs/ceq-reports/ceq-annual-report1997.pdf [Doc. 299-215; Bates P00000034026- P00000032393, at P00000034229].

125 Valerie Rapp, Science Update: Western Forests, Fire Risk, and Climate Change, Pac. Nw. 

Research Station, Jan. 2004, at 1, https://www.fs.fed.us/pnw/pubs/science-update-6.pdf. [Doc. 

270-22; Bates P00000005557- P00000005567, at P00000005557].

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the very real concern of global climate change, we put our people, our economies, and our way 

of life at risk.”126

153. In May 2001, the National Energy Policy’s Report of the National Energy Policy 

Development Group made the following statement: “Energy-related activities are the primary 

sources of U.S. man-made greenhouse gas emissions, representing about 85% of the U.S. manmade total carbon equivalent in 1998.”127

154. In an article entitled Deadlock Stymies Global Climate Talks and published on December 

12, 2007 in the New York Times, Thomas Fuller and Peter Gelling made the following 

statements about global climate talks taking place in 2007: “[T]he United States and the 

European Union remained deadlocked on Tuesday on whether countries should commit now to 

specific emissions reductions in an agreement that may not be finalized for two more years. Over 

the weekend, officials from the United Nations, backed by the European Union and many 

developing countries, offered a draft plan for talks over the next two years, including a statement 

that dangerous warming can be avoided only if industrialized countries cut emissions by 2020 to 

levels 25 to 40 percent below those of 1990. But on Tuesday the United States remained firmly 

opposed to such language.”128

155. In 2008, in response to the United Nations Office of the High Commissioner for Human 

Rights request for the United States’ views on “the relationship between climate change and 

human rights,” the Department of State made the following statement: “The United States 

 126 Doc. 341-244 at P00000064740.

127 National Energy Policy, Report of the National Energy Policy Development Group 3-10 (May 

2001) [MIL #1 Exh. 33; Doc. 299-222; Bates P00000034562- P00000034731, at 

P00000034613].

128 Doc. 341-270 at P0000066251.

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considers a safe and sustainable environment to be an essential and shared goal––one that may 

further the realization of certain human rights, such as the ‘right to a standard of living adequate 

for the health and well-being’ of all individuals.”129

156. In December 2009, the EPA made the following statement: “[T]he evidence provides 

compelling support for finding that greenhouse gas air pollution endangers the public welfare of 

both current and future generations.”130

157. In June 2009, the U.S. Global Change Research Program (USGCRP) issued a report to 

Congress, Second National Assessment: Global Climate Change Impacts in the United States, 

that made the following statements: “Climate is one of the key factors in Americans’ choices of 

where to live. As the U.S. population grows, ages, and becomes further concentrated in cities and 

coastal areas, society is faced with additional challenges. Climate change is likely to exacerbate 

these challenges as changes in temperature, precipitation, sea levels, and extreme weather events 

increasingly affect homes, communities, water supplies, land resources, transportation, urban 

infrastructure, and regional characteristics that people have come to value and depend on.”131

158. In 2009 and 2016, the EPA “assessed the effects of greenhouse-gas pollution, and [] 

concluded that this pollution endangers the public health and welfare of current and future 

 129 U.S. Dep’t of State, Observations by the United States of America on the Relationship 

Between Climate Change and Human Rights (2008), 

https://www.state.gov/documents/organization/138855.pdf. [MIL #1 Exh. 127; Doc. 270-89; 

Bates P00000020325-P00000020332, at P00000020325].

130 U.S. EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under 

Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496, 66498-99 (Dec. 15, 2009), 

https://www.gpo.gov/fdsys/p kg/FR-2009-12-15/pdf/E9- 29537.pdf [MIL #1 Exh. 36; Doc. 299-

225; Bates P00000036586- P00000036637, at P00000036589- P00000036590].

131 U.S. Global Change Research Program, Second National Assessment: Global Climate Change 

Impacts in the United States 100 (2009), 

https://downloads.globalchange.gov/usimpacts/pdfs/climate-impacts-report.pdf [Doc. 299-224; 

Bates P00000034774- P00000034969, at P00000034877].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 51

generations and thus requires Clean Air Act regulation. 74 Fed. Reg. 66,496 (Dec. 15, 2009); 81 

Fed. Reg. 54,422 (Aug. 15, 2016).” Answer ¶ 5.132

159. In May 2011, the Department of Energy issued a Strategic Plan that contained the 

following statements: “There is compelling evidence that carbon-dioxide emissions from human 

activities are adversely affecting the climate. Any path close to ‘business as usual’ will imperil 

future generations with dangerous and unacceptable economic, social, and environmental 

risks.”133

160. In its 2011 Workshop Report, Planning for Sea Level Rise in the Northeast: 

Considerations for the Implementation of Tidal Wetland Habitat Restoration Projects, NOAA 

made the following statement: “The NOAA Restoration Center and partner organizations have 

been active in restoring tidal wetlands from these impacts for several decades, in order to 

promote the health of NOAA trust resources (fish, shellfish, marine mammals, sea turtles, and 

their habitats). While NOAA has not yet systematically included impacts of climate change into 

project selection and design, there is a clear need to address this threat in concert with the others 

currently addressed.”134

161. In the Obama Administration’s June 2016 report The Economics of Coal Leasing on 

 132 U.S. EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under 

Section 202(a) of the Clean Air Act, 74 Fed. Reg. 66496, 66498-99 (Dec. 15, 2009), 

https://www.gpo.gov/fdsys/p kg/FR-2009-12-15/pdf/E9- 29537.pdf [Doc. 299-225; Bates 

P00000036586- P00000036637, at P00000036587, P00000036589-90].

133 U.S. Dep’t of Energy, Strategic Plan 2 (2011), 

https://www.energy.gov/sites/prod/files/2011_DOE_Strategic_Plan_.pdf. [Doc. 270-67; Bates 

P00000029877- P00000029936, at P00000029888].

134 NOAA, Planning for Sea Level Rise in the Northeast: Considerations for the Implementation 

of Tidal Wetland Habitat Restoration Projects (2011), 

https://repository.library.noaa.gov/view/noaa/4016. [MIL #1 Exh. 371; Doc. 299-175; Bates 

P00000018003- P00000018045 P00000018008].

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Federal Lands: Ensuring a Fair Return to Taxpayers, the White House made the following 

statement: “Many estimates of the external costs from the coal supply chain are large. 

Incorporating the social cost of carbon in coal royalties would imply a royalty rate of well-over 

100 percent.”135

162. In 2014, the Government Accountability Office report Climate Change: Energy 

Infrastructure Risks and Adaptation Efforts stated: “[W]e have reported these federal efforts [to 

address climate change] have been largely carried out in an ad hoc manner, with little 

coordination across federal agencies or with state and local governments. In 2013, our most 

recent update to the list of programs at high risk of waste, fraud, abuse, and mismanagement, we 

identified the federal government’s management of climate change risks as an area in need of 

fundamental transformation due to the fiscal exposure it presents.”136

163. On June 19, 2017, when asked if he believed that “CO2 is the primary control knob for 

the temperature of the earth and for climate,” Secretary of Energy Rick Perry made the following 

statement: “No. Most likely the primary control knob is the ocean waters and this environment 

that we live in.”137

164. The consequences of climate change are already occurring and, in general, those 

consequences will become more severe with more fossil fuel emissions. Answer ¶ 10. 

165. Dr. Michael Kuperberg, Executive Director of the USGCRP, made the following 

 135 Doc. 341-302 at P00000070312.

136 Climate Change: Energy Infrastructure Risks and Adaptation Efforts, GAO-14-74, at 9 (Jan. 

2014), https://www.gao.gov/assets/670/660558.pdf (to be filed with Plaintiffs’ Third Motion in 

Limine). 

137 US Energy Secretary: CO2 is Not the Primary Control Knob for Climate Change, CNBC 

(June 19, 2017 9:06 AM). [MIL #1 Exh. 102; Doc. 270-64; Bates P00000017958-

P00000017962].

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statement: The United States “is currently in a danger zone when it comes to our climate system” 

due to climate change.138

166. During the last decade, Defendants have repeatedly stated that allowing “business as 

usual” CO2 emissions will imperil future generations with dangerous and unacceptable 

economic, social, and environmental risks. Answer ¶ 150.

167. The EPA develops the United States Greenhouse Gas Emissions Inventory, which does 

not include emissions embedded in imported goods consumed in the United States. Answer ¶ 

159.

168. The Department of Commerce, through the National Oceanic and Atmospheric 

Administration (NOAA), has authority over and operates equipment that monitors GHGs. 

Answer ¶ 119. 

169. The use of fossil fuels is a major source of CO2 emissions and places the United States on 

an increasingly costly, insecure, and environmentally dangerous path. Answer ¶ 150.

170. In 2011, fossil fuel combustion in the U.S. accounted for 94% of CO2 emissions. Answer 

¶ 158.

171. From 1850 to 2012, CO2 emissions from the United States (including from land use) 

constituted more than 25% of cumulative global CO2 emissions. Answer ¶¶ 7, 151.

172. In its Monthly Energy Review issued in July 2018, the U.S. Energy Information 

Administration reported that total U.S. CO2 emissions from energy consumption have increased 

by 9% from 1973 to 2017.139

173. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

 138 Kuperberg Deposition at 151:5-8.

139 Doc. 341-313 at P00000073109.

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EPA reported that total U.S. GHG emissions have increased by 3.5% from 1990 to 2015 and by

2.4% from 1990 to 2016.

140

174. Between 1991 and 2015, 130,466 million metric tons of CO2 emissions were released 

from fossil fuel combustion in the United States. Answer ¶ 153.

175. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

EPA reported that overall, from 1990 to 2016, total emissions of CO2 increased by 189.6 MMT 

CO2e (3.7 percent).141

176. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

EPA reported that, in 2016, “[t]he primary greenhouse gas emitted by human activities in the 

United States was CO2, representing approximately 81.6 percent of total greenhouse gas 

emissions.”142

177. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

EPA reported that, in 2016, the largest source of CO2, and of overall greenhouse gas emissions in 

the United States was fossil fuel combustion, accounting for 93.5% of CO2 emissions in 2015.143

 140 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-4 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758].

141 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016 (2018), https://www.epa.gov/sites/production/files/2018-

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029138.].

142 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016 (2018), https://www.epa.gov/sites/production/files/2018-

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029137].

143 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016 (2018), https://www.epa.gov/sites/production/files/2018-

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029139].

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178. In 2016, with respect to total U.S. GHG emissions of 6,511 million metric tons of CO2

equivalent, the transportation sector was responsible for 28%; the electricity sector was 

responsible for 28%; the industry sector was responsible for 22%; the commercial and residential 

sector was responsible for 11%; and the agricultural sector was responsible for 9%.144

179. In its Monthly Energy Review issued in July 2018, the U.S. Energy Information 

Administration reported that, in 2017, total U.S. CO2 emissions were 5,142 MMT CO2.

145

180. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

EPA reported that, in 2016, fossil fuel combustion accounted for 93.5% of all CO2 emissions in 

the U.S.146

181. In the 2018 report Inventory of U.S. Greenhouse Gas Emissions and Sinks 1990-2016, the 

EPA reported that, in 2017, CO2 emissions from energy consumption in the United States was 

approximately 5,153 million metric tons, with 28.5% from natural gas, 25.8% from coal, and 

approximately 45% from petroleum.147

182. In its Monthly Energy Review issued in July 2018, the U.S. Energy Information 

Administration reported that, in 1973, total CO2 emissions in the U.S. from energy consumption 

was approximately 4,715 MMT, with approximately 25% from natural gas, 26% from coal, and 

 144 Sources of Greenhouse Gas Emissions, U.S. Envtl. Prot. Agency, 

https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions (last visited Apr. 25, 

2018). [MIL #1 Exh. 133; Doc. 270-95; Bates P00000029759- P00000029775, at 

P00000029759].

145 Doc. 341-313 at P00000073109.

146 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-10 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029139].

147 U.S. Energy Info. Admin., March 2018: Monthly Energy Review 181 (2018), 

https://www.eia.gov/totalenergy/data/monthly/pdf/mer.pdf. [MIL #1 Exh. 135; Doc. 270-97; 

Bates P00000027839- P00000028082, at P00000028029].

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49% from petroleum.

148

183. In its Monthly Energy Review issued in July 2018, the U.S. Energy Information 

Administration reported that, in 1990, total CO2 emissions in the U.S. from energy consumption 

was approximately 4,715 MMT, with approximately 20% from natural gas, 36% from coal, and 

43% from petroleum.149

184. Coal produced from federal lands is responsible for roughly 10% of United States 

greenhouse gas emissions.150

185. In 2016, methane emissions, which make up 10% of 2015 U.S. greenhouse gas 

emissions, resulted primarily from enteric fermentation associated with domestic livestock, 

natural gas systems, and decomposition of wastes in landfills.151

186. In 2015, agricultural soil management, manure management, mobile source fuel 

combustion, and stationary fuel combustion were the major sources of N2O emissions, which 

make up 5.7% of 2015 U.S. greenhouse gas emissions.152

187. The transportation sector is the largest industry sector producer of greenhouse gas 

 148 Doc. 341-313 at P00000073109.

149 Doc. 341-313 at P00000073109.

150 U.S. Dep’t of the Interior, Secretarial Order No. 3338, Discretionary Programmatic 

Environmental Impact Statement to Modernize the Federal Coal Program 4 (2016),

https://www.blm.gov/sites/blm.gov/files/programs_energyandminerals_coalSO3338.pdf. [MIL 

#1 Exh. 203; Doc. 299-7; Bates P00000024079- P00000024088, at P00000024082].

151 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-8 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029136-

P00000029137].

152 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-8 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029138].

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emissions in the United States, accounting for approximately 28% (6,511 million metric tons of 

CO2 equivalent) of total U.S. greenhouse gas emissions in 2016.153

188. Over 90% of the fuel used for transportation in the United States is petroleum based, 

which includes gasoline and diesel.154

189. Greenhouse gas emissions by the transportation sector in the United States grew by 14% 

between 1990 and 2014.155

190. Between 1990 and 2004, average fuel economy among new vehicles sold annually 

declined, as sales of light-duty trucks increased.156

191. In 2015, light-duty vehicles contributed 60% of the greenhouse gas emissions in the 

transportation sector in the United States.157

192. As of 2016, U.S. domestic aviation contributed about 2.57% of total U.S. CO2

 153 Sources of Greenhouse Gas Emissions, U.S. Envtl. Prot. Agency, 

https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions (last visited Apr. 25, 

2018). [MIL #1 Exh. 133; Doc. 270-95; Bates P00000029759- P00000029775, at 

P00000029759]; see also Answer ¶ 191 (transportation sector accounted for 28% of U.S. 

emissions in 2012).

154 Sources of Greenhouse Gas Emissions, U.S. Envtl. Prot. Agency, 

https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions (last visited Apr. 25, 

2018). [MIL #1 Exh. 133; Doc. 270-95; Bates P00000029759- P00000029775, at 

P00000029759].

155 U.S. Dep’t of Transp., Research, Development, and Technology Strategic Plan: FY 2017–

2021, at 75 (2016), https://www.transportation.gov/sites/dot.gov/files/docs/USDOT-RD%26TStrategic-Plan-Final-011117.pdf. [MIL #1 Exh. 134; Doc. 270-96; Bates P00000026778-

P00000026909, at P00000026856].

156 Sources of Greenhouse Gas Emissions, U.S. Envtl. Prot. Agency, 

https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions (last visited Apr. 25, 

2018). [MIL #1 Exh. 133; Doc. 270-95; Bates P00000029759- P00000029775, at 

P00000029763].

157 U.S. Envtl. Prot. Agency, EPA-420-F-17-013, Fast Facts: U.S. Transportation Sector 

Greenhouse Gas Emissions 1990–2015, at 1 (2017), 

https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100S7NK.pdf. [MIL #1 Exh. 146; Doc. 270-

108; Bates P00000028476- P00000028480].

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emissions.158

193. The Department of Transportation has recognized methane emissions associated with 

pipeline and storage leaks are significant contributors to greenhouse gas emissions.159

194. Methane emissions from the transmission and storage of natural gas in the United States 

account for approximately 20% of emissions from natural gas systems, and totaled 32.8 MMT 

CO2 equivalent in 2016.160

195. The overall production and consumption of fossil fuels in the United States has increased 

over the last 50 years. Answer ¶ 152.

196. In 2012, the United States was second in “Total Primary Coal Production,” with 

1,016,458 thousand short tons. Answer ¶ 160. 

197. In 2013, the United States produced 984,842 thousand short tons of coal.161

198. In 2014, the United States produced 1,000,049 thousand short tons of coal.162

199. In 2015, the United States produced 896,941 thousand short tons of coal.163

200. In 2016, the United States was the third largest producer of coal, producing 728,364 

 158 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-4 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029175].

159 U.S. Dep’t of Transp., Research, Development, and Technology Strategic Plan: FY 2017–

2021, at 75 (2016), https://www.transportation.gov/sites/dot.gov/files/docs/USDOT-RD%26TStrategic-Plan-Final-011117.pdf. [MIL #1 Exh. 177; Doc. 270-139; Bates P00000026778-

P00000026909, at P00000026856].

160 U.S. Envtl. Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at 3-79 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029299].

161 U.S. EIA, http://www.eia.gov/beta/international/data/browser/#. 162 U.S. EIA, http://www.eia.gov/beta/international/data/browser/#. 163 U.S. EIA, http://www.eia.gov/beta/international/data/browser/#.

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thousand short tons of coal.164

201. Coal production in the United States in 2016 was about the same as production was in 

1977.165

202. In 2012, the United States was second in “Total Primary Energy Production,” producing 

approximately 79.212 Quadrillion BTU. Answer ¶ 160.

203. In 2013, the United States produced 81.088 Quadrillion BTU total primary energy.166

204. In 2014, the United States produced 87.025 Quadrillion BTU total primary energy.167

205. In 2015, the United States produced 83.536 Quadrillion BTU total primary energy.168

206. In 2014, the United States was the largest producer of total petroleum and other liquids 

with 13,973 thousand barrels produced per day. Answer ¶ 161.

207. In 2014, total fossil fuel production in the United States, including natural gas plant 

liquids, was 69.653 Quadrillion BTU. Answer ¶ 155.

208. In 2018, the International Energy Agency reported that the U.S. likely surpassed Russia 

and Saudi Arabia to become the world’s largest crude oil producer.169

209. The United States is by far the dominant producer of both shale gas and tight oil in the 

 164 U.S. EIA, http://www.eia.gov/beta/international/data/browser/#. 165 U.S. Energy Facts Explained: Consumption & Production, Energy Info. Admin., 

https://www.eia.gov/energyexplained/?page=us_energy_home. [MIL #1 Exh. 88; Doc. 270-50; 

Bates P00000017956- P00000017957, at P00000017956].

166 U.S. EIA, http://www.eia.gov/beta/international/data/browser. 167 U.S. EIA, http://www.eia.gov/beta/international/data/browser. 168 U.S. EIA, http://www.eia.gov/beta/international/data/browser. 169 Today in Energy: The United States is Now the Largest Global Crude Oil Producer, EIA, 

https://www.eia.gov/todayinenergy/detail.php?id=37053; see also The White House, News 

Clips, U.S. Will Be The World’s Largest Oil Producer By 2023, Says IEA (Mar. 5, 2018), 

https://www.whitehouse.gov/briefings-statements/u-s-will-worlds-largest-oil-producer-2023-

says-iea/. [MIL #1 Exh. 109; Doc. 270-71; Bates P00000017978- P00000017979, at 

P00000017978] (predicting U.S. as top producer by 2023).

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world. Answer ¶ 162.

210. The United States produces commercial volumes of natural gas or crude oil from shale 

formations. Answer ¶ 162.

211. In 2012, the United States was the largest producer of natural gas, producing a total of 

24,058 billion cubic feet (Bcf). Answer ¶ 160.

212. The Department of Energy’s Energy Information Administration (EIA) estimates that 

shale gas will account for just over one half of the total U.S. natural gas production by 2040.170

213. On March 20, 2018, Department of State Deputy Assistant Secretary Sandra Oudkirk 

made the following statements at Martens Centre Event: Economics vs. Geopolitics? Nord 

Stream 2, Ukraine, and Europe’s Energy Security in Brussels: “The United States is now the 

largest gas producer in the world. Admittedly, most of that gas is consumed in the United 

States.”171

214. On November 17, 2017, Department of State Deputy Assistant Secretary, Bureau of 

Energy Resources John McCarrick made the following statement at the U.S. Gas Infrastructure 

Exports Initiative Launch Event in Washington, D.C.: “In ten years the United States has nearly 

doubled its oil production; increased natural gas production by 40 percent; and transformed from 

being a natural gas importer to a natural gas exporter, including in liquefied natural gas 

 170 U.S. Dep’t of Energy, U.S. Dep’t of Interior, U.S. EPA, Federal MultiAgency Collaboration 

on Unconventional Oil and Gas Research: A Strategy for Research & Development (July 18, 

2014). [MIL #1 Exh. 99; Doc. 270-61; Bates P00000011180- P0000001119, at P00000011182].

171 U.S. Dep’t of State, News & Events, Remarks by DAS Sandra Oudkirk, Bureau of Energy 

Resources, at Martens Centre in Brussels (March 20, 2018), https://useu.usmission.gov/remarksdas-sandra-oudkirk-bureau-energy-resources-martens-centre-brussels/ (last visited June 6, 2018). 

[MIL #1 Exh. 119; Doc. 270-81; Bates P00000020417-P00000020418, at P00000020404].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 61

(LNG).”172

215. The combustion of fossil fuels occurs primarily in the following sectors: energy and 

refineries, transportation, and manufacturing. Answer ¶ 185.

216. The five major fuel consuming economic sectors contributing to CO2 emissions from 

fossil fuel combustion for energy are electric power, transportation, industrial, residential, and 

commercial.173

217. Approximately 68% of U.S. electricity is generated from burning fossil fuels, mostly coal 

and natural gas.174

218. Between 1991-2014, at least 127,600 million metric tons of CO2 was emitted from fossil 

fuel combustion in the United States. Answer ¶ 153.

219. In 2014, total fossil fuel energy consumption in the United States was 80.240 Quadrillion 

Btus. Answer ¶ 156.

220. In 2012, petroleum accounted for 36.5 percent of total energy consumption in the United 

States and was the single largest source of energy consumption in the United States. Answer ¶ 

186.

 172 U.S. Dep’t of State, 2017 Remarks, Releases and Fact Sheets, Remarks at the U.S. Gas 

Infrastructure Exports Initiative Launch Event (Nov. 17, 2017), 

https://www.state.gov/e/enr/rls/2017/275826.htm (last visited June 5, 2018). [MIL #1 Exh. 120; 

Doc. 270-82; Bates P00000020412-P00000020413, at P00000020412].

173 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at ES-11 (2018), 

https://www.epa.gov/sites/production/files/2018-01/documents/2018_complete_report.pdf. [MIL 

#1 Exh. 178; Doc. 270-140; Bates P00000029104- P00000029758, at P00000029140].

174 Sources of Greenhouse Gas Emissions, U.S. Envtl. Prot. Agency, 

https://www.epa.gov/ghgemissions/sources-greenhouse-gas-emissions (last visited Apr. 25, 

2018). [MIL #1 Exh. 133; Doc. 270-95; Bates P00000029759- P00000029775, at 

P00000029759].

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221. In 2017 coal-fired electricity made up 30% of energy generation in the United States.175

222. The transportation sector in the United States consumed 28,199 Trillion BTU (28.8%) of 

primary energy consumption in the United States in 2017.176

223. In 2015, the largest sources of transportation CO2 emissions were passenger cars 

(37.6%), medium- and heavy-duty trucks (20.6%), light-duty trucks, which include sport utility 

vehicles, pickup trucks and minivans (16.1%), commercial aircraft (6.0%), rail (2.1%), other 

aircraft (2.0%), pipelines (1.9%), and ships and boats (1.6%).177

224. In its Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2016, the U.S. EPA 

made the following statement: “The largest sources of transportation greenhouse gases in 2016 

were passenger cars (41.6 percent), freight trucks (22.9 percent), light-duty trucks, which include 

sport utility vehicles, pickup trucks, and minivans (18.0 percent), commercial aircraft (6.5 

percent), other aircraft (2.6 percent), ships and boats (2.3 percent), rail (2.2 percent), and 

pipelines (2.1 percent).”178

225. The Department of Transportation expects petroleum use in the transportation sector in 

 175 Electricity Data Browser, U.S. Energy Info. Admin.,

https://www.eia.gov/electricity/data/browser (last visited Mar. 11, 2018). [MIL #1 Exh. 199; 

Doc. 299-3; Bates P00000024940- P00000024941, at P00000024940].

176 U.S. Energy Info. Admin., March 2018: Monthly Energy Review 31 (2018), 

https://www.eia.gov/totalenergy/data/monthly/pdf/mer.pdf. [MIL #1 Exh. 135; Doc. 270-97; 

Bates P00000027839- P00000028082, at P00000027879].

177 U.S. Envtl. Prot. Agency, EPA-420-F-17-013, Fast Facts: U.S. Transportation Sector 

Greenhouse Gas Emissions 1990–2015, at 2 (2017), 

https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100S7NK.pdf. [MIL #1 Exh. 146;; Doc. 270-

108; Bates P00000028476- P00000028480, at P0000002847].

178 U.S. Envtl. Prot. Agency, Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2016 

(2018) at 2-30, https://www.epa.gov/sites/production/files/2018-

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029213].

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the United States to remain at about 13.5 million barrels per day through 2040 and beyond.179

226. The U.S. Global Change Research Program (USGCRP) was established to “carry out 

research and support the Nation’s response to global change.” 180

227. The USGCRP consists of thirteen federal agencies, including Department of Agriculture, 

Department of Commerce, Department of Defense, Department of Energy, Department of the 

Interior, Department of State, Department of Transportation, and the Environmental Protection 

Agency.181

228. The Department of Transportation is a federal agency overseeing the United States’ 

aviation, road, highway, railway, truck, and marine transportation infrastructure. Answer ¶ 114.

229. The Department of Transportation’s Federal Aviation Administration (FAA) and the 

Federal Highway Administration administer programs that provide financing for the construction 

and maintenance of a portion of the nation’s transportation infrastructure. Answer ¶ 114(a).

230. The Department of Transportation states that it oversees the operation of the United 

States transportation system, including more than 3.9 million miles of public roads, 120,000 

miles of major railroads, 25,000 miles of commercially navigable waterways, 5,000 public-use 

airports, 500 major urban public transit operators and more than 300 coastal, Great Lakes, and 

 179 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Transportation Statistics Annual Report 

178 (2016), https://www.bts.gov/sites/bts.dot.gov/files/docs/TSAR_2016.pdf. [MIL #1 Exh. 138; 

Doc. 270-100; Bates P00000026910- P00000027155, at P00000027099].

180 U.S. Global Change Research Program, Climate Science Special Report, Fourth National 

Climate Assessment (NCA4), Vol. I, 1 n.2 (2017) [Doc. 341-309; Bates P00000071751-

P00000072227, at P00000071757].

181 U.S. Global Change Research Program, Climate Science Special Report, Fourth National

Climate Assessment (NCA4), Vol. I, 1 n.2 (2017) [Doc. 341-309; Bates P00000071751-

P00000072227, at P00000071757].

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inland waterways ports.182

231. The Department of Transportation’s Office of Pipeline Safety (OPS) states that it governs 

the safety standards, procedures, and actual development and expansion of oil and natural gas 

pipeline systems in the U.S.; pipelines cannot begin operation until certified safe by OPS.183

232. The Department of Transportation’s Federal Railroad Administration’s (FRA) mission is 

“to enable the safe, reliable, and efficient movement of people and goods for a strong America, 

now and in the future”; FRA accomplishes this mission through (1) issuance, implementation, 

and enforcement of safety regulations; (2) selective investment in rail corridors across the 

country; and (3) research and technology development.184

233. The Department of Transportation’s Maritime Administration (MARAD) is responsible 

for considering and acting on applications for deepwater ports managing fossil fuel imports and 

exports.185

234. In its 2010 report to Congress Transportation’s Role in Reducing U.S. Greenhouse Gas 

 182 U.S. Dep’t of Transp., Climate Adaptation Plan: Ensuring Transportation Infrastructure and 

System Resilience 5–6 (2014), 

https://www.transportation.gov/sites/dot.dev/files/docs/DOT%20Adaptation%20Plan.pdf. [MIL 

#1 Exh. 131; Doc. 270-93; Bates P00000028083- P00000028111, at P00000028087-

P00000028088].

183 U.S. Natural Gas Regulatory Authorities, U.S. Energy Info. Admin., 

https://www.eia.gov/naturalgas/archive/analysis_publications/ngpipeline/regulatory.html (last 

visited Apr. 25, 2018). [MIL #1 Exh. 170; Doc. 270-132; Bates P00000029786- P00000029787, 

at P00000029786]; General Pipeline FAQs, PHMSA, https://www.phmsa.dot.gov/faqs/generalpipeline-faqs (last visited Apr. 25, 2018). [MIL #1 Exh. 171; Doc. 270-133; Bates 

P00000029781- P00000029785, at P00000029783].

184 Overview, Fed. Railroad Admin., https://www.fra.dot.gov/Page/P0351 (last visited Apr. 25, 

2018). [MIL #1 Exh. 179; Doc. 270-141; Bates P00000028474- P00000028475, at 

P00000028474].

185 Deepwater Port Licensing Program: Welcome to the Maritime Administration’s Deepwater 

Port Licensing for LNG and Oil Webpage, MARAD, https://www.marad.dot.gov/ports/office-ofdeepwater-ports-and-offshore-activities/ (last visited Apr. 25, 2018). [MIL #1 Exh. 189; Doc. 

270-151; Bates P00000029796- P00000029797].

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Emissions, the Department of Transportation made the following statement: “[The United 

States’] historic approach to transportation and land use has created an energy-intensive system 

dependent on carbon-based [fuels] and automobiles.”186

235. For over 230 years, the Department of Defense’s Army Corps of Engineers has been 

entrusted with the development and stewardship of much of the Nation’s public water 

resources.187

236. Pipeline developers are required to obtain authorizations from the U.S. Army Corps of 

Engineers before constructing pipeline segments that may affect federally regulated waters and 

wetlands.188

237. The Department of Interior, through its agencies including the BLM, U.S. Fish & 

Wildlife Service (FWS), and the Bureau of Ocean Energy Management (BOEM), manages the 

federal government’s surface and subsurface land (including the Outer Continental Shelf) and 

offers some of these lands for fossil fuel development.189

 186 U.S. Dep’t of Transp., Transportation’s Role in Reducing U.S. Greenhouse Gas Emissions: 

Volume 1 Synthesis Report ES-10 (2010) (report to Congress). [MIL #1 Exh. 132; Doc. 270-94; 

Bates P00000028491- P00000029095, at P00000028516].

187 U.S. Army Corps of Eng’rs, Sustainable Solutions to America’s Water Resources Needs 8 

(2016), http://cdm16021.contentdm.oclc.org/utils/getfile/collection/p16021coll9/id/61. [MIL #1 

Exh. 302; Doc. 299-106; Bates P00000019150- P00000019185, at P00000019157].

188 Cong. Research Serv., R44880, Oil and Natural Gas Pipelines: Role of the U.S. Army Corps 

of Engineers (2017), 

https://www.everycrsreport.com/files/20170628_R44880_1105a52fd838d2e8d342c75e49199c8b

cdeb6607.pdf. [MIL #1 Exh. 298; Doc. 299-102; Bates P00000019657- P00000019689, at 

P00000019658].

189 Carol Hardy Vincent et al., Cong. Research Serv., R42346, Federal Land Ownership:

Overview and Data 4–5 (2017), https://fas.org/sgp/crs/misc/R42346.pdf. [MIL #1 Exh. 191; Doc. 

270-153; Bates P00000024557- P00000024584, at P00000024563- P00000024564]; accord U.S. 

Dep’t of the Interior, Bureau of Land Mgmt., Public Land Statistics 2015, at 7–8 (2016), 

https://www.blm.gov/sites/blm.gov/files/documents/files/Public%20Land%20Statistics2015%20

%281%29.pdf. [MIL #1 Exh. 192; Doc. 270-154; Bates P00000024610- P00000024885, at 

P00000024626- P00000024627].

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238. The Department of Interior has made the following statement: “[DOI] plays a significant 

role in meeting the President’s challenge to manage America’s resources to responsibly produce 

more energy at home.”190

239. The Department of the Interior’s Bureau of Ocean Energy Management “is responsible 

for administering the leasing program for oil and gas resources on the OCS and developing a 

five-year schedule of lease sales designed to ‘best meet national energy needs’ for the five -year 

period following the schedule's approval, as required in Section 18 of the OCSLA, 43 U.S.C. 

1334.”191

240. The Department of Agriculture “is responsible for the management of 193 million acres 

of national forests and grasslands in the National Forest System.”

192

241. The Department of Energy states that it is responsible for advancing the energy, 

environmental, and nuclear security of the United States; promoting scientific and technological 

innovation in support of that mission; sponsoring basic research in the physical sciences; and 

ensuring the environmental cleanup of the nation’s nuclear weapons complex.193

242. The Department of Energy states that it leads national efforts to develop technologies to 

 190 Dep’t of the Interior, New Energy Frontier, at DH-27 (2012),

https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/FY2013_BIB_DH027.pdf. 

[MIL #1 Exh. 194; Doc. 270-156; Bates P00000020743- P00000020756, at P00000020743].

191 Doc. 341-307 at P00000070850.

192 Jane A. Leggett, Cong. Research Serv., R43915, Climate Change Adaptation by Federal 

Agencies: An Analysis of Plans and Issues for Congress 34 (2015),

http://nationalaglawcenter.org/wp-content/uploads//assets/crs/R43915.pdf. [MIL #1 Exh. 39; 

Doc. 270-1; Bates P00000004358- P00000004461, at P00000004396]; U.S. Dep’t of Agric., 

Forest Serv., FS-957b, National Roadmap for Responding to Climate Change 6 (2011), 

https://www.fs.fed.us/climatechange/pdf/Roadmapfinal.pdf. [MIL #1 Exh. 47; Doc. 270-9; Bates 

P00000000986- P00000001017, at P00000000993]. 

193 U.S. Dep’t of Energy, DOE/CF-0067, Strategic Plan 2014-2018, at 1 (2014), 

https://www.energy.gov/sites/prod/files/2014/04/f14/2014_dept_energy_strategic_plan.pdf. 

[MIL #1 Exh. 106; Doc. 270-68; Bates P00000011148- P00000011179, at P00000011153].

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modernize the electricity grid, enhance the security and resilience of energy infrastructure, and 

expedite recovery from energy supply disruptions.194

243. The Department of State’s mission is to “advance[] freedom for the benefit of the 

American people and the international community by helping to build and sustain a more 

democratic, secure, and prosperous world composed of well-governed states that respond to the 

needs of their people, reduce widespread poverty, and act responsibly within the international 

system.” The Department “seeks a leadership role in convening partners to build global capacity 

towards the understanding of and resilience to climate change risks, particularly in the most 

vulnerable countries.”195

244. The Department of State, through the Office of the Special Envoy for Climate Change, is 

the Administration’s chief climate negotiator. Answer ¶ 123(b).

245. In August 2017, then-Secretary of State Rex Tillerson eliminated the Department of 

State’s position of Special Envoy for Climate Change.196

246. The EPA possesses regulatory authorities and issues permits under the Clean Air Act, 

Clean Water Act, Safe Drinking Water Act, Resource Conservation and Recovery Act, and 

possesses certain regulatory authorities under the Comprehensive Environmental Response, 

Compensation, and Liability Act. Answer ¶ 125. 

 194 U.S. Dep’t of Energy, DOE/CF-0067, Strategic Plan 2014-2018, at 1 (2014), 

https://www.energy.gov/sites/prod/files/2014/04/f14/2014_dept_energy_strategic_plan.pdf. 

[MIL #1 Exh. 106; Doc. 270-68; Bates P00000011148- P00000011179, at P00000011153].

195 U.S. Dep’t of State, FY 2014 Climate Change Adaptation Plan (unclassified), 

https://www.state.gov/documents/organization/233779.pdf. [MIL #1 Exh. 126; Doc. 270-88; 

Bates P00000020333-P00000020355, at P00000020335].

196 Elise Labott et al., First on CNN: Tillerson Moves to Ditch Special Envoys, CNN (Aug. 29, 

2017m 4:51 AM), https://www.cnn.com/2017/08/28/politics/tillerson-state-deptenvoys/index.html (to be filed with Plaintiffs’ Third Motion in Limine). 

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247. The Department of Commerce describes its mission as “to create the conditions for 

economic growth and opportunity by promoting “job creation and economic growth by ensuring 

fair and reciprocal trade, providing the data necessary to support commerce and constitutional 

democracy, and fostering innovation by setting standards and conducting foundational research 

and development.”197

248. The Department of Commerce “oversees ocean and coastal navigation.”198

249. In a September 15, 2000 Memorandum Opinion for the Solicitor of the Department of the 

Interior, General Counsel for the Department of Commerce’s National Oceanic and Atmospheric 

Administration (NOAA) and the Council on Environmental Quality stated that the federal 

government “maintains ample room under the [public trust] doctrine to exercise dominion over 

[the territorial sea] to protect it and its resources for public enjoyment.”199

250. The White House’s Office of Management and Budget describes its role as serving “the 

President of the United States in overseeing the implementation of his vision across the 

Executive Branch. Specifically, OMB’s mission is to assist the President in meeting his policy, 

budget, management and regulatory objectives and to fulfill the agency’s statutory 

responsibilities.”200

251. The White House’s Office of Science and Technology Policy describes its federal role as 

 197 About Commerce, Dept. of Commerce, https://www.commerce.gov/page/about-commerce (to 

be filed with Plaintiffs’ Third Motion in Limine). 

198 About Commerce, Dept. of Commerce, https://www.commerce.gov/page/about-commerce (to 

be filed with Plaintiffs’ Third Motion in Limine). 

199 NOAA & CEQ, Administration of Coral Reef Resources in the Northwest Hawaiian Islands: 

Memorandum 193 (Sept. 15, 2000), 

https://www.justice.gov/sites/default/files/olc/opinions/2000/09/31/op-olc-v024-p0183.pdf (to be 

filed with Plaintiffs’ Third Motion in Limine). 

200 Office of Management and Budget, The White House, https://www.whitehouse.gov/omb/ (to 

be filed with Plaintiffs’ Third Motion in Limine).

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“to provide the President and others within the Executive Office of the President with advice on 

the scientific, engineering, and technological aspects of the economy, national security, 

homeland security, health, foreign relations, the environment, and the technological recovery and 

use of resources, among other topics.”201

252. The White House’s Office of Science and Technology Policy “leads interagency science 

and technology policy coordination efforts, assists the Office of Management and Budget with an 

annual review and analysis of Federal research and development in budgets, and serves as a 

source of scientific and technological analysis and judgment for the President with respect to 

major policies, plans, and programs of the Federal Government.”202

253. The White House’s Council on Environmental Quality (CEQ) describes its federal role as 

overseeing “NEPA implementation, principally through issuing guidance and interpreting 

regulations that implement NEPA’s procedural requirements.”

203

254. The White House’s CEQ describes its role as: “[D]evelops and recommends national 

policies to the President that promote the improvement of environmental quality and meet the 

Nation’s goals.”204

255. The CEQ’s Office of Federal Sustainability’s federal role is “to implement 

Administration priorities for energy and environmental sustainability across Federal Government 

operations, which encompass more than 350,000 buildings, 600,000 vehicles, and $500 billion 

 201 Office of Science and Technology Policy, The White House, 

https://www.whitehouse.gov/ostp/ (to be filed with Plaintiffs’ Third Motion in Limine).

202 Office of Science and Technology Policy, The White House, 

https://www.whitehouse.gov/ostp/ (to be filed with Plaintiffs’ Third Motion in Limine).

203 Council on Environmental Quality, The White House, https://www.whitehouse.gov/ceq/ (to 

be filed with Plaintiffs’ Third Motion in Limine).

204 Council on Environmental Quality, The White House, https://www.whitehouse.gov/ceq/ (to 

be filed with Plaintiffs’ Third Motion in Limine).

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annually in purchased goods and services, including $16 billion for energy.”205

256. In the 1973 report to the President entitled The Nation’s Energy Future, the Atomic 

Energy Commission made the following recommendation: “Increase domestic production of oil 

and natural gas as rapidly as possible.”206 

257. In the 1973 report to the President entitled The Nation’s Energy Future, the Atomic 

Energy Commission made the following recommendation: “Increase the use of coal, first to 

supplement and later to replace oil and natural gas.”207

258. President Carter’s 1977 National Energy Plan included a directive to the “[Energy 

Research and Development Administration], EPA, and the Department of the Interior to 

undertake a major expansion of the Government’s coal research and development program. The 

program [was to] focus primarily on meeting environmental requirements more effectively and 

economically, and [sought] to expand the substitution of coal for gas and petroleum products.”208

259. In his 1981 State of the Union: Annual Message to Congress, President Carter made the 

following statements: “crude oil price controls will end”; “exploratory drilling activities have 

reached an all-time high”; “Prices for new natural gas are being decontrolled under the Natural 

Gas Policy Act”; “natural gas production is now at an all time high”; “Coal production and 

consumption incentives have been increased”; “coal production is now at its highest level in 

history”; “In 1979 the Interior Department held six OCS (outer continental shelf) lease sales, the 

 205 Council on Environmental Quality, The White House, https://www.whitehouse.gov/ceq/ (to 

be filed with Plaintiffs’ Third Motion in Limine).

206 Doc. 341-155 at P00000054595.

207 Doc. 341-155 at P00000054595.

208 President Jimmy Carter, National Energy Program Fact Sheet on the President’s Program 8 

(Apr. 20, 1977), http://www.presidency.ucsb.edu/ws/print.php?pid=7373 [MIL #1 Exh. 11; Doc. 

299-200; Bates P00000029998- P00000030008, at P00000030005].

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greatest number ever”; and “the first general competitive federal coal lease sale in ten years will 

be held this month.”209

260. The Federal Government’s goal under the Carter Administration was to “establish a 

coordinated national energy policy.” 210

261. President Carter, in his 1981 State of the Union Address stated that in regards to national 

energy policy, made the following statements: “[o]ur progress should not be lost. We must rely 

on and encourage multiple forms of energy production—coal, crude oil, natural gas, solar, 

nuclear, synthetics—and energy conservation. The framework put in place over the last four 

years will enable us to do this.”211

262. In his “Sun Day” speech on May 3, 1978, President Carter made the following statement: 

“The Department of Energy believes that photovoltaic cells can be competitive with 

conventional energy sources, perhaps as early as 1990.”212

263. In his 1979 Solar Message to Congress, President Carter “outlined the Administration’s 

solar program and established an ambitious national goal for the year 2000 of obtaining 20 

 209 Doc. 341-169 at P00000058496.

210 President Jimmy Carter, The State of the Union Annual Message to the Congress (Jan. 16, 

1981) http://www.presidency.ucsb.edu/ws/print.php?pid=44541

[MIL #2 Exh. 169; Dkt 341-169; Bates P00000058491-P00000058530, at P00000058495-

P00000058496].

211 President Jimmy Carter, The State of the Union Annual Message to the Congress (Jan. 16, 

1981) http://www.presidency.ucsb.edu/ws/print.php?pid=44541

[MIL #2 Exh. 169; Dkt 341-169; Bates P00000058491-P00000058530, at P00000058495-

P00000058496].

212 President Jimmy Carter, Remarks at the Solar Energy Research Institute, Golden, Colorado, 

May 3, 1978 [MIL #1 Exh. 9; Dkt 299-198; Bates P00000030545- P00000030547 at 

P00000030546, at P00000030546].

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percent of this Nation’s energy from solar and renewable sources.”213

264. Under the Carter Administration, the Solar Energy Research Institute was established as 

part of the national energy policy which might have laid the foundation for meeting “as much as 

one-fourth of our energy demands for solar sources by the end of this century, and perhaps more 

than half by the year 2020.” 214

265. In President Reagan’s Message to Congress Transmitting the National Energy Plan, he 

made the following statement: “The National Energy Policy Plan that I am sending to you, as 

required by Section 801 of the Department of Energy Organization Act (Public Law 95-91), 

represents a break from the format and philosophy of the two National Energy Plans that 

preceded it.”215

266. In President Reagan’s Message to Congress Transmitting the National Energy Plan, he 

made the following statements: “This does not mean that the Federal government is withdrawing 

from all involvement in energy. It cannot and should not. The Government itself is directly 

responsible for lands which contain a major share of our resource wealth.”216

267. President Reagan’s 1981 National Energy Policy Plan made the following statements: 

 213 President Jimmy Carter, The State of the Union Annual Message to the Congress (Jan. 16, 

1981) http://www.presidency.ucsb.edu/ws/print.php?pid=44541 [MIL #2; Exh. 169; Dkt 341-

169; Bates P00000058491-P00000058530, at P00000058497].

214 President Jimmy Carter, Remarks at the Solar Energy Research Institute, Golden, Colorado, 

May 3, 1978 [MIL #1 Exh. 9; Dkt 299-198; Bates P00000030545- P00000030547 at 

P00000030546]; see also President Jimmy Carter, The State of the Union Annual Message to the 

Congress (Jan. 16, 1981) http://www.presidency.ucsb.edu/ws/print.php?pid=44541 [MIL #2 

Exh. 169; Dkt 341-169; Bates P00000058491-P00000058530, at P00000058496].

215 President Ronald Reagan, Message to the Congress Transmitting the National Energy Policy 

Plan (July 17, 1981), https://www.reaganlibrary.gov/research/speeches/71781b [MIL #2 Exh. 

318; Dkt 341-318; P00000073219-P00000073221 at P00000073219].

216 President Ronald Reagan, Message to the Congress Transmitting the National Energy Policy 

Plan (July 17, 1981), https://www.reaganlibrary.gov/research/speeches/71781b [MIL #2 Exh. 

318; Dkt 341-318; P00000073219-P00000073221 at P00000073219].

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“The Federal Government’s most direct impact on America’s energy future arises from its 

position as the steward of the Outer Continental Shelf and the 762 million acres of publicly 

controlled land, one-third of the land area of the United States. These lands contain an estimated 

85 percent of the Nation’s oil, 40 percent of our natural gas, . . 35 percent of our coal, . . 80 

percent of our oil shale . . . . The Federal role in national energy production is to bring these 

resources into the marketplace . . . .”217

268. The 1982 Annual Report from the Reagan Administration’s Council on Environmental 

Quality stated that onshore and offshore fossil fuel energy resources on public lands are “in 

central position in its energy policy.”218

269. In its 1982 Annual Report, President Reagan’s CEQ reported that the U.S. Geological 

Survey would make “an accelerated evaluation” of undiscovered fossil fuel resources for 

exploitation. 219

270. The 1982 Annual CEQ report made the following statement: “High priority is to be given 

to streamlining existing energy and mineral leasing programs; accelerating the development and 

implementation of new programs for leasing oil shale, tar sands, and Alaskan onshore oil and 

gas; increasing the availability of federal lands for exploration and development activities, 

 217 Council on Environmental Quality, 12th Annual Report of the Council on Environmental 

Quality, 1982 [MIL #2 Exh. 170; Doc. 341-170 at P00000058531-P00000058831,

P00000058688].

218 Council on Environmental Quality, 12th Annual Report of the Council on Environmental 

Quality, 1982 [MIL #2 Exh. 170; Doc. 341-170 at P00000058531-P00000058831,

P00000058688].

219 Council on Environmental Quality, 12th Annual Report of the Council on Environmental 

Quality, 1982 [MIL #2 Exh. 170; Doc. 341-170 at P00000058531-P00000058831,

P00000058688].

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particularly for oil and gas.”220

271. Between 1954 and 1980, the federal government had never offered for lease more than 

7.2 million acres of offshore land for oil and gas development.221

272. By President Reagan’s third year in office, the number of acres offered for lease 

surpassed 119 million acres and by his fourth year, 154 million acres, a 21-fold increase from the 

previous peak in acres offered for lease.222

273. A March 16, 1987 letter from DOE Secretary John Herrington to President Reagan 

contained the following statement: “Much has already been done during this Administration to 

strengthen the domestic oil industry and remove impediments to the exploration for oil and gas. 

With your leadership, Federal price and allocation controls on oil have been eliminated and the 

Economic Regulatory Administration has been sharply reduced. Needed oil and gas tax 

incentives like the treatment of intangible drilling costs were preserved in the tax reform bill. In 

the past year, we’ve won approval of two Federal Energy Regulatory Commission orders, Orders 

436 and 451, that should move the natural gas industry much closer to a market base. The 

Securities and Exchange Commission, with our persuasion, retained full-cost accounting 

provisions that are vital to independent petroleum producers.”223

 220 Council on Environmental Quality, 12th Annual Report of the Council on Environmental 

Quality, 1982 [MIL #2 Exh. 170; Doc. 341-170 at P00000058531-P00000058831,

P00000058688].

221 U.S. Dep’t of Interior, Minerals Management Service, Federal Offshore Statistics: 1995, U.S. 

Department of Interior, Table 3 (1997) [MIL #2 Exh. 320; Doc. 341-320; P00000073640-

P00000073755 at P00000073659].

222 U.S. Dep’t of Interior, Minerals Management Service, Federal Offshore Statistics: 1995, U.S. 

Department of Interior, Table 3 (1997) [MIL #2 Exh. 320; Doc. 341-320; P00000073640-

P00000073755 at P00000073659]. 223 John Herrington, DOE Secretary, Letter to the President, March 16, 1987 [MIL #2 Exh. 181; 

Doc. 341-181; P00000059830-P00000059859 at P00000059832].

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274. In a letter to President Reagan dated March 16, 1987, Secretary of Energy John

Herrington made the following statements: “Much has already been done during this 

Administration to strengthen the domestic oil industry and remove impediments to the 

exploration for oil and gas. With your leadership, Federal price and allocation controls on oil 

have been eliminated and Economic Regulatory Administration has been sharply reduced. 

Needed oil and gas tax incentives like the treatment of intangible drilling costs were preserved in 

the tax reform bill. In the past year, we've won approval of two Federal Energy Regulatory 

Commission order, Orders 436 and 451, that should move the natural gas industry much closer to 

a market base. The Securities and Exchange Commission, with our persuasion, retained full-cost 

accounting provisions that are vital to independent petroleum producers. Government regulations 

that would have forced the capping of stripper wells on Federal lands were lifted. Since you took 

office, the Strategic Petroleum Reserve has been increased five-fold to more than 516 million 

barrels. We have also worked with our allies to expand their strategic stocks, recognizing that 

energy gains by this Nation can be lost unless complementary policies are pursued overseas.”224

275. Upon signing the Natural Gas Wellhead Decontrol Act, President George H.W. Bush 

made the following statements: “[T]oday’s legislation represents the bipartisan attainment of the 

administration’s first major energy initiative: the elimination of an entire system of artificial 

price controls for one of America’s cleanest energy resources. And this measure reflects a strong 

bipartisan belief that eliminating price controls will help this nation take full advantage of our 

plentiful domestic resources.”

225

 224 Doc. 341-181 at P00000059832.

225 President George H.W. Bush, Remarks on Signing the Natural Gas Wellhead Decontrol Act 

of 1989 (Jul. 26, 1989) [MIL #2 Exh. 195; Doc. 341-195; Bates P00000060674-P00000060675 

at P00000060674].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 76

276. Upon signing the Natural Gas Wellhead Decontrol Act, President George H.W. Bush 

made the following statements: “[I]ndustry and the Department of Energy are responding to this 

opportunity [of U.S. natural gas reserves] with imagination, seeking to tap new sources of cleanburning natural gas and then developing new uses, like powering cars and buses. With prices set 

by market forces and improvements in gas exploration production technologies, natural gas can 

help power this nation well into the next century.”226

277. In 1990, the Government Accountability Office made the following statements: 

“President [George H.W. Bush] announced in February 1989 that he would issue an executive 

order on global climate change that would clearly define responsibility of federal departments 

and agencies, as well as establishing effective coordination mechanisms. However, as of 

November 1989, the order had not been issued and its status was uncertain. Agency officials told 

us that they had not received clear guidance to direct the course of climate change activity.”227

278. The Department of Energy’s 1991 National Energy Strategy called for opening the Arctic 

National Wildlife Refuge and other areas of the Outer Continental Shelf to oil production, to 

“implement oil and gas tax incentives,” to “deregulate pipeline sales rates,” and to “increase 

production of California Heavy Oil.”228

279. On October 24, 1992, President Bush signed the Energy Policy Act (EPACT) of 1992, to 

fulfill the National Energy Strategy goal to “increase domestic oil and petroleum product 

 226 President George H.W. Bush, Remarks on Signing the Natural Gas Wellhead Decontrol Act 

of 1989 (Jul. 26, 1989) [MIL #2 Exh. 195; Doc. 341-195; Bates P00000060674-P00000060675 

at P00000060674].

227 U.S. Gov’t Accountability Office, Global Warming. Administration Approach Cautious 

Pending Validation of Threat 17 (1990), https://www.gao.gov/assets/150/148577.pdf. [MIL #1 

Exh. 21; Doc. 299-210; Bates P00000039990- P00000040036, at P00000040007].

228 Dep’t of Energy, National Energy Strategy: Powerful Ideas for America 10–11 (1991) [MIL 

#1 Exh. 20; Doc. 299-209; Bates P00000033222- P00000033357, at P00000033229].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 77

supplies.”229

280. Provisions from the Bush Administration’s National Energy Strategy were incorporated 

into the National Energy Policy Act of 1992 including expedited import or export applications 

for natural gas, financial incentives to oil and gas drillers, funding for the research and 

development of new “clean coal” and natural gas technologies, and promises to export fossil fuel 

technologies to other nations.230

281. In 1993, President Bill Clinton directed the Department of Energy “to work with the 

Federal Energy Regulatory Commission (FERC) to continue to facilitate the implementation of 

reforms that will increase the availability and use of natural gas.”231

282. It was the Clinton Administration’s policy to provide production incentives to domestic 

oil and gas production through “preferential tax treatment,” revising royalty rates, and export 

restriction exemptions.232 

283. The Clinton Administration continued the Department of Energy policy to promote

research and develop technology to enhance extraction and production of fossil fuel based 

energy through investment and incentives including “DOE-sponsored field tests” which 

“demonstrated commercial feasibility” of hydraulic fracturing in the United States.233

 229 U.S. Dep’t of Energy, National Energy Strategy (February 1991) [MIL #1; Doc. 299-209; 

Bates P00000033222- P00000033357, P00000033229].

230 Energy Policy Act of 1992 [MIL #2 Exh. 277; Doc. 341-277; Bates P00000066805-

P00000067161 at P00000066896, P00000067006, P00000067031].

231 William J. Clinton & Albert Gore, Jr., The Climate Change Action Plan 20 (1993), 

http://hdl.handle.net/2027/uc1.31822033838525 [MIL #1 Exh. 28; Doc. 299-217; Bates 

P00000039000- P00000039142, at P00000039032].

232 Domestic Policy Council, Domestic Oil and Gas Initiatives (1994) [MIL #2 Exh. 223; Doc. 

341-223; Bates P00000063711-P00000063824].

233 U.S. Dep’t of Energy, Office of Fossil Energy, Environmental Benefits of Advanced Oil and 

Gas Exploration and Production Technology [MIL #1 Exh. 31; Doc. 299-220; Bates 

P00000034394- P00000034561at P00000034482].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 78

284. In a 1999 report, the Department of Energy made the following statements: “With 

commitment to a shared vision, with collaboration, and with continued private and public 

investments, the oil and gas industry can continue to deliver essential energy resources and 

protect the environment, for ourselves and for the generations to come.”234

285. In May 2001, the National Energy Policy Development Group (NEPD) released a report 

that made the following statements: “A primary goal of the National Energy Policy is to add 

supply from diverse sources. This means domestic oil, gas, and coal. It also means hydropower 

and nuclear power. And it means making greater use of non-hydro renewable sources now 

available.”

235

286. In May 2001, the National Energy Policy Development Group (NEPD) released a report 

that made the following statements: “Currently, the U.S. has enough coal to last for another 250

years.”

236

287. In the May 2001 Report of the National Energy Policy Development Group, the NEPD 

made the following recommendation to President George W. Bush: “direct the Secretary of the 

Interior to examine land status and lease stipulation impediments to federal oil and gas leasing, 

and review and modify those where opportunities exist.”237

288. In the May 2001 Report of the National Energy Policy Development Group, the NEPD 

 234 Dep’t of Energy, DOE-FE-0385, Environmental Benefits of Advanced Oil and Gas 

Exploration and Production Technology 2 (1999). [MIL #1 Exh. 37; Doc. 299-220; Bates 

P00000035635- P00000035744, at P00000034396].

235 National Energy Policy, Report of the National Energy Policy Development Group (May 

2001) [MIL #1 Exh. 33, Doc. 299-222; Bates P00000034562- P00000034731 at P00000034573].

236 National Energy Policy, Report of the National Energy Policy Development Group (May 

2001) [MIL #1 Exh. 33, Doc. 299-222; Bates P00000034562- P00000034731 at P00000034573]. 

237 National Energy Policy, Report of the National Energy Policy Development Group (May 

2001) [MIL #1 Exh. 33, Doc. 299-222; Bates P00000034562- P00000034731 at P00000034636].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 79

made the following recommendation to President George W. Bush: “direct the Secretary of the

Interior to consider economic incentives for environmentally sound offshore oil and gas 

development where warranted by specific circumstances: explore opportunities for royalty 

reductions, consistent with ensuring a fair return to the public where warranted for enhanced oil 

and gas recovery; for reduction of risk associated with production in frontier areas or deep gas 

formations; and for development of small fields that would otherwise be uneconomic.”238

289. In his Statement of Administration Policy delivered on June 14, 2005, George W. Bush 

made the following statement: “increasing the production of traditional energy resources on the 

Outer Continental Shelf (OCS), Federal onshore lands, and Indian lands, [is] consistent with the 

National Energy Policy.”

239

290. In his Statement of Administration Policy delivered on June 14, 2005, George W. Bush 

made the following statement: “The Administration would oppose amendments to set a national 

renewable portfolio standard (RPS) on power generation and believes these standards are best 

left to the States.”240

291. A September 2005 memorandum to President George W. Bush written by Keith 

Hennessey and Bryan Hannegan contained the following statements: “[y]our advisors are 

developing options to: 1. increase refining capacity; 2. address natural gas shortages, in both the 

 238 National Energy Policy, Report of the National Energy Policy Development Group (May 

2001) [MIL #1 Exh. 33, Doc. 299-222; Bates P00000034562- P00000034731 at P00000034636].

239 George W. Bush, Statement of Administration Policy: H.R. 6 - Energy Policy Act of 2005 

(June 14, 2005) [MIL #2 Exh. 341; Doc. 341-341; Bates P00000073848-P00000073850, at 

P00000073848-P00000073849].

240 George W. Bush, Statement of Administration Policy: H.R. 6 - Energy Policy Act of 2005 

(June 14, 2005) [MIL #2 Exh. 341; Doc. 341-341; Bates P00000073848-P00000073850, at 

P00000073848-P00000073848].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 80

short and long term; and 3. increase oil and natural gas production.”241

292. In 2007, the U.S. House of Representatives Committee on Oversight and Government 

Reform made the following statements: “the [George W.] Bush Administration has engaged in a 

systematic effort to manipulate climate change science and mislead policymakers and the public 

about the dangers of global warming.”242

293. In 2007, the U.S. House of Representatives Committee on Oversight and Government 

Reform made the following statements: “CEQ Chief of Staff Phil Cooney and other CEQ 

officials made at least 294 edits to the Administration’s Strategic Plan of the Climate Change 

Science Program to exaggerate or emphasize scientific uncertainties or to deemphasize or 

diminish the importance of the human role in global warming.”243

294. In his January 24, 2012 State of the Union Address at the U.S. Capitol, Washington D.C., 

President Obama made the following statements: “Over the last three years, we’ve opened 

millions of new acres for oil and gas exploration, and tonight, I’m directing my administration to 

open more than 75 percent of our potential offshore oil and gas resources. Right now –– right 

now –– American oil production is the highest that it’s been in eight years.” 244

 241 Keith Hennessey and Bryan Hannegan, Memorandum to the President, Energy Policy –

Interim Report (Sept. 30, 20050 [MIL #2 Exh. 256; Doc. 341-256; Bates P00000065422-

P00000065503 at P00000065423].

242 U.S. House of Representatives Committee on Oversight and Government Reform, Political 

Interference with Climate Change Science Under the Bush Administration, at i, ii (2007), 

https://www.hsdl.org/?view&did=481710 [MIL #1 Exh. 34; Doc. 299-223; Bates 

P00000034736- P00000034773, at P00000034738, P00000034739].

243 U.S. House of Representatives Committee on Oversight and Government Reform, Political 

Interference with Climate Change Science Under the Bush Administration, at i, ii (2007), 

https://www.hsdl.org/?view&did=481710 [MIL #1 Exh. 34; Doc. 299-223; Bates 

P00000034736- P00000034773, at P00000034738, P00000034739].

244 President Barack Obama, Remarks by the President in State of the Union Address (Jan. 24, 

2012), https://obamawhitehouse.archives.gov/the-press-office/2012/01/24/remarks-presidentCase 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 80 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 81

295. In his January 24, 2012 State of the Union Address at the U.S. Capitol, Washington D.C., 

President Obama made the following statements: “We have a supply of natural gas that can last 

America nearly 100 years. And my administration will take every possible action to safely 

develop this energy.”245

296. On March 22, 2012, in his remarks on American-Made Energy at Cushing Pipe Yard in 

Cushing, Oklahoma, President Obama made the following statements: “Over the last three years, 

I’ve directed my administration to open up millions of acres for gas and oil exploration across 23 

different states. We’re opening up more than 75 percent of our potential oil resources offshore. 

We’ve quadrupled the number of operating rigs to a record high. We’ve added enough new oil 

and gas pipeline to encircle the Earth, and then some.”246

297. On March 22, 2012, in his remarks on American-Made Energy at Cushing Pipe Yard in 

Cushing, Oklahoma, President Obama made the following statements: “In fact, the problem in a 

place like Cushing is that we’re actually producing so much oil and gas in places like North 

Dakota and Colorado that we don’t have enough pipeline capacity to transport all of it to where it 

needs to go – both to refineries, and then, eventually, all across the country and around the 

world.”247

 

state-union-address [MIL #1 Exh. 377; Doc. 299-181; Bates P00000035022- P00000035043, at 

P00000035031].

245 President Barack Obama, Remarks by the President in State of the Union Address (Jan. 24, 

2012), https://obamawhitehouse.archives.gov/the-press-office/2012/01/24/remarks-presidentstate-union-address [MIL #1 Exh. 377; Doc. 299-181; Bates P00000035022- P00000035043, at 

P00000035031].

246 President Barack Obama, Remarks by the President on American-Made Energy (Mar. 22, 

2012), https://obamawhitehouse.archives.gov/the-press-office/2012/03/22/remarks-presidentamerican-made-energy [MIL #1 Exh. 378; Doc. 299-182; Bates P00000037011- P00000037015, 

at P00000037012].

247 President Barack Obama, Remarks by the President on American-Made Energy (Mar. 22, 

2012), https://obamawhitehouse.archives.gov/the-press-office/2012/03/22/remarks-presidentCase 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 81 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 82

298. In the July 18, 2014 report Federal MultiAgency Collaboration on Unconventional Oil 

and Gas Research: A Strategy for Research & Development, the Department of Energy, 

Department of Interior, and EPA made the following statement: “safely, responsibly, and 

efficiently developing unconventional domestic oil and gas resources plays an important role in 

our Nation’s energy future.”248

299. A 2014 Congressional Research Service report, U.S. Crude Oil Export Policy: 

Background and Considerations, made the following statement: “[i]n August 2014, 

approximately 4.1 million barrels per day (bbl/d) of petroleum products, NGLs, and other liquids 

were exported from the United States—up from an average of nearly 1.4 million bbl/d in 

2007.”249

300. In his 2013 State of the Union address, President Obama made the following statements: 

“[T]he natural gas boom has led to cleaner power and greater energy independence. We need to 

encourage that. And that’s why my administration will keep cutting red tape and speeding up 

new oil and gas permits.”250

301. A 2017 Department of Energy report , Transforming the Nation’s Electricity System: the 

 

american-made-energy [MIL #1 Exh. 378; Doc. 299-182; Bates P00000037011- P00000037015, 

at P00000037012].

248 U.S. Dep’t of Energy, U.S. Dep’t of Interior & U.S. EPA, Federal MultiAgency 

Collaboration on Unconventional Oil and Gas Research: A Strategy for Research & 

Development 2 (2014), 

https://www.energy.gov/sites/prod/files/2017/04/f34/Multiagency_UOG_Research_Strategy.pdf. 

[MIL #1 Exh. 95; Doc. 270-57; Bates P00000011180–P0000001119, at P00000011182].

249 Congressional Research Service, U.S. Crude Oil Export Policy: Background and 

Considerations 2 (Dec. 31, 2014) [MIL #2 Exh. 299; Doc. 341-299; Bates P00000070163-

P00000070207 at P00000070169].

250 Barack Obama, Remarks by the President in the State of the Union Address (February 12, 

2013), https://obamawhitehouse.archives.gov/the-press-office/2013/02/12/remarks-presidentstate-union-address [MIL #2 Exh. 346; Doc. 341-346; Bates P00000073875-P00000073891, at 

P00000073881].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 83

Second Installation of the Quadrennial Energy Review, contained the following statement: “A 

sustained, 40-year Federal policy commitment has enabled a robust, global oil market; a 

diversity of petroleum suppliers; the world’s largest strategic oil reserve; international 

mechanisms for concerted action in the event of disruptions; increased domestic oil production; a 

shift away from oil-fired power generation; more-efficient vehicles; and a host of other 

benefits.”251

302. Defendants permit, authorize, and subsidize fossil fuel extraction, development, 

consumption and exportation. Answer ¶ 7.

303. Many of the activities the Department of the Interior permits on public lands result in 

emission of CO2 into the atmosphere. Answer ¶ 112. 

304. The United States has more coal deposits available than any other fossil fuel resource 

within its borders and, as of 2015, has 28% of the world’s coal reserves. Answer ¶ 166.

305. The Department of the Interior, through the Bureau of Ocean Energy Management 

(BOEM), leases the Outer Continental Shelf, the submerged lands, subsoil, and seabed, lying 

between the seaward extent of the jurisdiction of the States and the seaward extent of Federal 

jurisdiction, for oil and gas development. Answer ¶ 111.

306. The Department of the Interior manages one-fifth of our nation’s land, including forests 

and grazing lands, thirty-five thousand miles of coastline, and 1.76 billion acres of the Outer 

Continental Shelf. Answer ¶ 109. 

307. The Department of the Interior, through the Bureau of Land Management (BLM), leases 

 251 U.S. Department of Energy, Transforming the Nation’s Electricity System: the Second 

Installation of the Quadrennial Energy Review, Ch. I, January 2017, at 1-31. [MIL #2 Exh. 304; 

Doc. 341-304; Bates P00000070661-P00000070710, at P00000070691].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 84

minerals and manages oil and gas development activities on over 570 million acres of federal 

lands, as well as on private lands where the federal government retains mineral rights. Answer ¶

110.

308. The Department of the Interior, through the BLM, oversees approximately 700 million 

subsurface acres of the federal mineral estate. Answer ¶ 168.

309. As of October 1, 2015, there were 32,193,369 acres of federal land under lease in 32 

states. Answer ¶ 168. 

310. Of the 700 million acres of the federal government’s subsurface mineral estate that the 

Department of the Interior manages, about 570 million acres are available for coal leasing.252

311. The Department of Interior manages, through the BLM, 248.2 million surface and 

subsurface acres of federal land.253

312. The Department of Interior, through the FWS, manages 89.1 million acres of federal 

land.254

 252 Coal Data, Bureau of Land Mgmt.,

https://www.blm.gov/programs/energy-and-minerals/coal/coal-data (last visited Mar. 6, 2018). 

[MIL #1 Exh. 205; Doc. 299-9; Bates P00000024595]; Coal, Bureau of Land Mgmt., 

https://www.blm.gov/programs/energy-and-minerals/coal (last

visited Mar. 6, 2018). [MIL #1 Exh. 204; Doc. 299-8; Bates P00000024895- P00000024899, at 

P00000024895]; U.S. Dep’t of the Interior, Bureau of Land Mgmt., Public Land Statistics 2015, 

at 7–8 (2016), 

https://www.blm.gov/sites/blm.gov/files/documents/files/Public%20Land%20Statistics2015%20

%281%29.pdf. [MIL #1 Exh. 192; Doc. 270-154; Bates P00000024610- P00000024885, at 

P00000024626- P00000024627].

253 U.S. Dep’t of the Interior, Bureau of Land Mgmt., Public Land Statistics 2015, at 7–8 (2016), 

https://www.blm.gov/sites/blm.gov/files/documents/files/Public%20Land%20Statistics2015%20

%281%29.pdf. [MIL #1 Exh. 192; Doc. 270-154; Bates P00000024610- P00000024885, at 

P00000024626].

254 Carol Hardy Vincent et al., Cong. Research Serv., R42346, Federal Land Ownership: 

Overview and Data 4–5 (2017), https://fas.org/sgp/crs/misc/R42346.pdf. [MIL #1 Exh. 191/193; 

Doc. 270-155; Bates P00000024557- P00000024584, at P00000024558].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 85

313. As of 2016, about 113 million acres of onshore federal lands are open and accessible for 

oil and gas development.255

314. As of September 30, 2014, the Department of Defense, excluding the Army Corps of 

Engineers, administers 11.4 million acres of land in the United States, which constitutes about 

2% of all federal land.256

315. The Department of Agriculture provides assistance in managing the nation’s 1.3 billion 

acres of farm, ranch, and private forest lands through public and private partnerships.257

316. The Department of Agriculture, through the USFS, manages more than 35 million acres 

of designated wilderness areas.258

317. The Department of Agriculture manages 193 million acres of national forests and 

national grasslands, comprising the national forest system.259

 255 Marc Humphries, Cong. Research Serv., R42432, U.S. Crude Oil and Natural Gas Production 

in Federal and Nonfederal Areas 6 (2016), https://fas.org/sgp/crs/misc/R42432.pdf. [MIL #1 

Exh. 209; Doc. 299-13; Bates P00000024096- P00000024109, at P00000024104].

256 Congressional Review Service, Federal Land Ownership: Overview & Data 1 (March 3, 

2017), https://fas.org/sgp/crs/misc/R42346.pdf. [MIL #1 Exh. 269; Doc. 299-73; Bates 

P00000019626- P00000019653, at P00000019629]. 257 Jane A. Leggett, Cong. Research Serv., R43915, Climate Change Adaptation by Federal 

Agencies: An Analysis of Plans and Issues for Congress 34 (2015),

http://nationalaglawcenter.org/wp-content/uploads//assets/crs/R43915.pdf. [MIL #1 Exh. 39; 

Doc. 270-1; Bates P00000004358- P00000004461, at P00000004396].

258 U.S. Dep’t of Agric., Forest Serv., FS-957b, National Roadmap for Responding to Climate 

Change 6 (2011), https://www.fs.fed.us/climatechange/pdf/Roadmapfinal.pdf. [MIL #1 Exh. 47; 

Doc. 270-9; Bates P00000000986- P00000001017, at P00000000993].

259 U.S. Dep’t of Agric., Forest Serv., The U.S. Forest Service – An Overview 9 (2008),

https://www.fs.fed.us/sites/default/files/media/types/publication/field_pdf/USFSoverview0106MJS.pdf. [MIL #1 Exh. 42; Doc. 270-4; Bates P00000005071- P00000005122, at 

P00000005084]; U.S. Dep’t of Agric., Forest Serv., FS-383, Land Areas of the National Forest 

System 1

(2012), https://www.fs.fed.us/land/staff/lar/LAR2011/LAR2011_Book_A5.pdf . [MIL #1 Exh. 

41; Doc. 270-3; Bates P00000001268- P00000001532, at P00000001277]; Carol Hardy Vincent 

et al., Cong. Research Serv., R42346, Federal Land Ownership: Overview and Data 4–5 (2017), 

Case 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 85 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 86

318. More than 5 million acres of national forest system lands are leased for oil, gas, coal, and 

phosphate development.260

319. The Department of Agriculture “[s]hares responsibility, working in concert with State 

and local agents, for the stewardship of about 500 million acres of non-Federal rural and urban 

forests.”

261

320. The Department of Transportation’s Pipeline and Hazardous Materials Safety 

Administration (PHMSA) oversees 2.6 million miles of pipelines transporting fossil fuels in the 

U.S.262

321. As of 2015, the Department of the Interior, through the BOEM, was administering more 

than 6,000 active oil and gas leases covering nearly 33 million Outer Continental Shelf acres that 

are owned and managed by the Federal Government. Answer ¶ 111.

322. Since 1985, the Department of the Interior, through BLM, has issued between 1,486 to 

6,617 permits annually to drill for oil and gas on federal lands. Answer ¶ 170.

323. Between 2003 and 2015, BLM has consistently approved between 77 and 91 percent of 

the applications for permits to drill that it has processed. Answer ¶ 170. 

 

https://fas.org/sgp/crs/misc/R42346.pdf. [MIL #1 Exh. 43/191/193/269; Doc. 270-5;; Bates 

P00000005006- P00000005033, P00000005012] .

260 Welcome to Minerals & Geology Management (MGM), U.S. Dep’t of Agric., Forest Serv.,

https://www.fs.fed.us/geology/index.html (last visited Mar. 10, 2018). [MIL #1 Exh. 73; Doc. 

270-35; Bates P00000007227- P00000007229]. 261 U.S. Dep’t of Agric., Forest Serv., The U.S. Forest Service – An Overview 9 (2008),

https://www.fs.fed.us/sites/default/files/media/types/publication/field_pdf/USFSoverview0106MJS.pdf. [MIL #1 Exh. 42; Doc. 270-4; Bates P00000005071- P00000005122, at 

P00000005076]. 

262 Gas Pipeline Miles by System Type – 2017, PHMSA, https://hip.phmsa.dot.gov/ (last visited 

Apr. 25, 2018) (access through search in Pipeline Data Mart); General Pipeline FAQs, PHMSA, 

https://www.phmsa.dot.gov/faqs/general-pipeline-faqs (last visited Apr. 25, 2018). [MIL #1 Exh. 

168; Doc. 270-130; Bates P00000028374].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 87

324. Between January 1990 and 2015, the Department of the Interior, through BLM, leased 

107 coal tracts, and associated coal production and revenues have grown. Answer ¶ 166.

325. In 1985, there were 18,849 recorded producing oil and gas leases issued by Defendant 

Interior through BLM. By 2014, there were 23,657 recorded federal producing oil and gas leases 

issued by the Department of the Interior through BLM. Answer ¶ 167.

326. As of June 2014, the Department of the Interior, through BLM, had approximately 

46,138 oil and gas leases in effect in Fiscal Year 2014, containing a total of 94,778 producible 

and service well bores. Answer ¶ 168.

327. In FY 2015, fossil fuel energy produced on federal lands managed by the Department of 

the Interior included 782 million barrels of crude oil, five trillion cubic feet of natural gas, and 

421 million tons of coal.263

328. Under leases administered by the Department of the Interior’s Bureau of Indian Affairs, 

in 2014 a total of 968 trillion BTU of crude oil and lease condensate, natural gas plant liquids, 

natural gas, and coal were produced in Indian Country.264

329. From 1947–1952, the Department of the Interior authorized the production of 1,656,779 

barrels of oil and 21,345,971 MCF of natural gas from the Outer Continental Shelf.265

 263 Interior Department Supported $106 Billion in Recreation, Conservation, Water and 

Renewable Energy Investments, Supporting More than 860,000 Jobs in FY 2015, U.S. Dep’t of

the Interior (June 17, 2016), https://www.doi.gov/pressreleases/interior-departmentsupported106-billion-recreation-conservation-water-and-renewable. [MIL #1 Exh. 212; Doc. 

299-16; Bates P00000024900- P00000024906, at P00000024902].

264 U.S. Energy Info. Admin., Sales of Fossil Fuels Produced from Federal and Indian Lands, FY 

2003 through FY 2014, at 3 (2015), 

https://www.eia.gov/analysis/requests/federallands/pdf/eiafederallandsales.pdf. [MIL #1 Exh. 

214; Doc. 299-18; Bates P00000024043- P00000024078, at P00000024049].

265 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1947-1952 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201947-

Case 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 87 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 88

330. From 1953–1958, the Department of the Interior authorized the production of 46,085,044 

barrels of oil and 499,932,002 MCF of natural gas from the Outer Continental Shelf.266

331. From 1959–1964, the Department of the Interior authorized the production of 

410,296,529 barrels of oil and 2,496,795,334 MCF of natural gas from the Outer Continental 

Shelf.267

332. From 1965–1970, the Department of the Interior authorized the production of 

1,396,213,129 barrels of oil and 8,971,713,029 MCF of natural gas from the Outer Continental 

Shelf.268

333. From 1971–1976, the Department of the Interior authorized the production of 

2,063,615,481 barrels of oil and 19,445,973,940 MCF of natural gas from the Outer Continental 

Shelf.269

334. From 1977–1982, the Department of the Interior authorized the production of 

1,636,886,336 barrels of oil and 26,999,283,161 MCF of natural gas from the Outer Continental 

 

1952.pdf. [MIL #1 Exh. 226; Doc. 299-30; Bates P00000024894].

266 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1953-1958 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201953-

1958.pdf. [MIL #1 Exh. 225; Doc. 299-29; Bates P00000024893].

267 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1959-1964 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201959-

1964.pdf. [MIL #1 Exh. 224; Doc. 299-28; Bates P00000024892].

268 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1965-1970 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201965-

1970.pdf. [MIL #1 Exh. 223; Doc. 299-27; Bates P00000024891].

269 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1971-1976 (1997), 

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201971-

1976.pdf. [MIL #1 Exh. 222; Doc. 299-26; Bates P00000024890].

Case 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 88 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 89

Shelf.270

335. From 1983–1988, the Department of the Interior authorized the production of 

2,009,490,768 barrels of oil and 25,842,165,144 MCF of natural gas from the Outer Continental 

Shelf.271

336. From 1989–1994, the Department of the Interior authorized the production of 

1,777,177,894 barrels of oil and 28,358,574,313 MCF of natural gas from the Outer Continental 

Shelf.272

337. From 1995–1999, the Department of the Interior authorized the production of 

2,064,816,651 barrels of oil and 25,092,411,136 MCF of natural gas from the Outer Continental 

Shelf.273

338. From 2000–2004, the Department of the Interior authorized the production of 

2,743,825,357 barrels of oil and 22,952,721,027 MCF of natural gas from the Outer Continental 

Shelf.274

 270 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1977-1982 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201977-

1982.pdf. [MIL #1 Exh. 221; Doc. 299-25; Bates P00000024889].

271 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1983-1988 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201983-

1988.pdf. [MIL #1 Exh. 220; Doc. 299-24; Bates P00000024888]. 

272 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 1989-1994 (1997),

https://www.data.boem.gov/Production/Files/Region%20Production%20by%20Year%201989-

1994.pdf. [MIL #1 Exh. 219; Doc. 299-23; Bates P00000024887].

273 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of

Production for Entire Region 1995-1999 (2006),

https://www.data.boem.gov/Production/Files/Annual%20Production%201995%20-

%201999.pdf. [MIL #1 Exh. 218; Doc. 299-22; Bates P00000020450].

274 U.S. Dep’t of the Interior, Minerals Mgmt. Serv., Gulf of Mex. Region, Annual Summary of 

Production for Entire Region 2000-2004 (2006),

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 90

339. From 2005–2017, the Department of the Interior, through the BOEM, authorized the 

production of 6,628,902,538 barrels of oil from the Outer Continental Shelf.275

340. As of 2000, approximately 14% of the national wildlife refuge system lands, in 22 

different states, have or have had oil or gas production on the land.276

341. Between 2009 and 2015, oil and gas producers on federal public and Indian lands vented, 

flared, and leaked approximately 462 billion cubic feet of natural gas.277

342. In 2010, 16.7 million barrels of oil and 194 million cubic feet of natural gas were 

produced from almost 3,200 wells on federal lands managed by the Department of 

Agriculture.278

343. In 2014, 81 Bcf of natural gas was flared and 30 Bcf of natural gas was vented from 

producing operations on federal lands.279

 

https://www.data.boem.gov/Production/Files/Annual%20Production%202000%20-

%202004.pdf. [MIL #1 Exh. 217; Doc. 299-21; Bates P00000020449].

275 U.S. Dep’t of the Interior, Bureau of Safety & Envtl. Enforcement, Gulf of Mex. Region, 

Annual Summary of Production for Entire Region 2005-2018 (2018),

https://www.data.boem.gov/Production/Files/Annual%20Production%202005%20-

%20Present.pdf. [MIL #1 Exh. 216; Doc. 299-20; Bates P00000024886].

276 U.S. Gov’t Accountability Off., GAO-02-64R, Wildlife Refuge Oil and Gas Activity 1 

(2001), http:www.gao.gov/new.items/d0264r.pdf. [MIL #1 Exh. 254; Doc. 299-58; Bates 

P00000020433- P00000020448, at P00000020433].

277 U.S. Dep’t of the Interior, Fact Sheet on Methane and Waste Prevention Rule 1 (2016),

https://www.doi.gov/sites/doi.gov/files/uploads/methane_waste_prevention_rule_factsheet.pdf. 

[MIL #1 Exh. 256; Doc. 299-60; Bates P00000024330- P00000024333, at P00000024330].

278 Challenges Facing Domestic Oil and Gas Development: Review of Bureau of Land

Management/U.S. Forest Service Ban On Horizontal Drilling On Federal Lands: Hearing Before 

the H. Subcomm on Energy & Mineral Resources & the H. Subcomm. on Conservation, Energy, 

& Forestry, 112th Cong. 18 (2011) (statement of Joel Holtrop, Deputy Chief, U.S. Forest 

Service), https://www.gpo.gov/fdsys/pkg/CHRG-112hhrg72151/pdf/CHRG112hhrg72151.pdf. 

[MIL #1 Exh. 74; Doc. 270-36; Bates P00000001180- P00000001267, at P00000001203].

279 U.S. Dep’t of the Interior, Bureau of Land Mgmt., Regulatory Impact Analysis for 43 CFR

3179, at 16 (2016), https://www.regulations.gov/contentStreamer?documentId=BLM-2016-

0001-9127&contentType=pdf. [MIL #1 Exh. 257; Doc. 299-61; Bates P00000024334-

P00000024500, at P00000024354].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 91

344. In Fiscal Year 2015, 21% of the oil produced in the United States was produced on 

federal lands.280

345. As of November 2016, there were over 5,000 oil and gas wells on national wildlife refuge 

system lands, of which about 1,700 are active.281

346. As of 2010, national forest lands provided 25% of the United States’ coal production.282

Answer ¶ 117(a).

347. In 2014, Defendants authorized and oversaw the sale of 421 million tons of coal from 

federally-leased lands. Answer ¶ 165.

348. In 2015, the BLM reported that 40% of all coal produced in the United States comes from 

federal lands. Answer ¶ 166.

349. As of 2007, over 2 million farms exist in the United States, covering about 900 million 

acres.283

350. Agricultural soil management is the single greatest contributor to greenhouse gas 

emissions from the U.S. agricultural production sector.284

 280 Marc Humphries, Cong. Research Serv., R42432, U.S. Crude Oil and Natural Gas Production 

in Federal and Nonfederal Areas 1 (2016), https://fas.org/sgp/crs/misc/R42432.pdf. [MIL #1 

Exh. 211/209; Doc. 299-15; Bates P00000024096- P00000024109 at P00000024099].

281 U.S. Fish & Wildlife Serv., Non-Federal Oil and Gas Activities on National Wildlife Refuge 

System Lands (2016), https://www.fws.gov/refuges/oil-and-gas/pdfs/Oil-Gas-Fact-sheet.pdf. 

[MIL #1 Exh. 255; Doc. 299-59; Bates P00000024328- P00000024329].

282 Coal, U.S. Forest Serv., Minerals & Geology Mgmt.,

https://www.fs.fed.us/geology/energyCoal.html (last visited Mar. 10, 2018). [MIL #1 Exh. 75; 

Doc. 270-37; Bates P00000007192- P00000007193].

283 C.L. Walthall et al., U.S. Dep’t of Agric., USDA Tech. Bulletin 1935, Climate Change and 

Agriculture in the United States: Effects and Adaptation 11 (2012),

https://www.usda.gov/oce/climate_change/effects_2012/CC%20and%20Agriculture%20Report

%20(02-04-2013)b.pdf. [MIL #1 Exh. 62; Doc. 270-24; Bates P00000002073- P00000002265, at 

P00000024328].

284 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at 5-1 (2018), https://www.epa.gov/sites/production/files/2018-

Case 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 91 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 92

351. The U.S. agricultural sector is the leading source of N2O emissions in the U.S., largely as 

a result of soil management, commercial fertilizer and manure application, and production of 

nitrogen-fixing crops.285

352. Twenty million metric tons of carbon are currently sequestered each year in U.S. farm 

and grazing land soils. 286

353. The National Resource Conservation Service states that U.S. farm and grazing soils have

the potential to sequester an additional 180 million metric tons annually.287

354. A person may not harvest timber from federal lands without USDA authorization.288

355. The Department of Agriculture authorized the harvest of 525,484,148 million board feet, 

or approximately 1.24 trillion cubic meters, of timber from FY 1905–2016.289

356. From FY 1984–2017 the Department of Agriculture, through the USFS, authorized the 

clear cut of 3,011,086 acres of national forest system lands.290

 

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029460].

285 U.S. Envt’l Protection Agency, EPA 430-R-18-003, Inventory of U.S. Greenhouse Gas 

Emissions and Sinks 1990-2016, at 5-1 (2018), https://www.epa.gov/sites/production/files/2018-

01/documents/2018_complete_report.pdf. [MIL #1 Exh. 178; Doc. 270-140; Bates 

P00000029104- P00000029758, at P00000029201, P00000029460].

286 Nat. Res. Conservation Serv., Carbon Sequestration (n.d.),

https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs144p2_066823.pdf. [MIL #1 Exh. 

64; Doc. 270-26; Bates P00000007222- P00000007223, P00000007223].

287 Nat. Res. Conservation Serv., Carbon Sequestration (n.d.),

https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs144p2_066823.pdf. [MIL #1 Exh. 

64; Doc. 270-26; Bates P00000007222- P00000007223, P00000007223].

288 36 C.F.R. §§ 223(a); 261.6(a), (b), (h).

289 Forest Products Cut and Sold from the National Forests and Grasslands, U.S. Dep’t of Agric., 

Forest Serv., https://www.fs.fed.us/forestmanagement/products/cut-sold/index.shtml (last

visited Mar. 10, 2018). [MIL #1 Exh. 45; Doc. 270-7; Bates P00000007198- P00000007200].

290 U.S. Dep’t of Agric., Forest Serv., Historic Harvest Trends: 1984 to Present (2017),

https://www.fs.fed.us/forestmanagement/documents/harvest-trends/NFS-HarvestHistory1984-

2017.pdf. [MIL #1 Exh. 46; Doc. 270-8; Bates P00000005059- P00000005067, at 

P00000005067].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 93

357. In FY 2015, over half a billion board feet of timber were harvested from federal lands 

and Indian Country after receiving prior authorization from the Department of the Interior.291

358. Since the 1990s, the U.S. Forest Service’s Forest Inventory and Analysis program has 

provided official estimates of forest carbon stocks and flows for the United States.292

359. In 2014, national forests stored 9,499 million metric tons of carbon.293

360. The Department of State leads international efforts on climate change on behalf of the 

Office of the President. Answer ¶ 123(a).

361. The United States has supported fossil fuel development through overseas public 

financing, primarily through the Export-Import Bank of the United States, an agency of the 

Office of the President. Answer ¶ 177.

362. The Export-Import Bank of the United States financially supports a number of coal and 

gas power plants. Answer ¶ 177.

363. Through the Export-Import Bank of the United States, the Office of the President 

 291 Interior Department Supported $106 Billion in Recreation, Conservation, Water and 

Renewable Energy Investments, Supporting More than 860,000 Jobs in FY 2015, U.S. Dep’t of

the Interior (June 17, 2016), https://www.doi.gov/pressreleases/interior-departmentsupported106-billion-recreation-conservation-water-and-renewable. [MIL #1 Exh. 253; Doc. 

299-57; Bates P00000024900- P00000024906].

292 U.S. Forest Serv., Climate Change Advisor’s Office Briefing Paper: Baseline Estimates of 

Carbon Stocks in Forests and Harvested Wood Products for National Forest System Units 

(2015), https://www.fs.fed.us/climatechange/documents/CarbonAssessmentsBriefingPaper.pdf. 

[MIL #1 Exh. 50; Doc. 270-12; Bates P00000004462- P00000004464].

293 See U.S. Forest Serv., Forest Inventory and Analysis Program, Total Carbon Storage in U.S. 

Forests by State and Ownership Group (2014),

https://www.fia.fs.fed.us/Forest%20Carbon/methods/docs/2014/Total%20forest%20carbon2014

0721.xlsx. [MIL #1 Exh. 53; Doc. 270-15; Bates P00000004497- P00000004498]; see also

James E. Smith et al., U.S. Dep’t of Agric., Forest Serv., U.S. Forest Carbon Calculation Tool: 

Forest-Land Carbon Stocks and Net Annual Stock Change 9 (2010), 

https://www.nrs.fs.fed.us/pubs/gtr/gtr_nrs13R.pdf [MIL #1 Exh. 54; Doc. 270-16; Bates 

P00000000794- P00000000831].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 94

provided $14.8 billion in commitments for 78 transactions or projects in the petroleum sector, 

including 49 transactions in Latin America, 14 in Africa, six in Russia/FSU, five in the Middle 

East, and four in Asia. Answer ¶ 177

364. In Fiscal Year 2010, the Export-Import Bank of the United States provided 

approximately $3 billion in financing for the Papua New Guinea LNG Project or Papua New 

Guinea Liquified Natural Gas Project and $18 million for the Sangatta Surface Coal Mine in 

Indonesia. Answer ¶ 177.

365. The Department of Energy’s approval of up to 13,140 Bcf of natural gas exports from the 

proposed Jordan Cove LNG Terminal to free trade agreement nations in DOE/FE Order No. 

3041 was mandated by Section 3(c) of the Natural Gas Act, 15 U.S.C. § 717b(c). Accordingly, 

the Department’s approval did not include any environmental review or other public interest 

analysis, nor any opportunity for public participation in the decision-making process. Answer ¶¶ 

96, 107, 193.

366. Multiple U.S. government agencies and offices, including the Department of Energy, 

were involved in making a deal, announced on July 31, 2017, for Pennsylvania-based Coal 

Energy and Resources to supply coal to Ukraine’s state-owned power generation company, 

Centrenergo PJSC a reality.294

367. In July 2017, in reference to the deal between Coal Energy and Resources and Ukraine’s 

Centrenergo PJSC, Secretary of Commerce Wilbur Ross made the following statement: “As 

promised during the campaign, President Trump is unshackling American energy with each day 

 294 Press Release, Secretary Ross and Secretary Perry Hail New Coal Deal with Ukraine, Dep’t 

of Commerce (July 31, 2017 10:56 AM). [MIL #1 Exh. 101; Doc. 270-63; Bates 

P00000017950–P00000017955].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 95

on the job. This has brought enormous benefit to our nation’s coal communities, and will now 

also benefit an important international partner [Ukraine].”295

368. On April 16, 2018, John McCarrick, the Department of State’s Acting Special Envoy and 

Coordinator for International Energy Affairs and David Goldwyn, Chair of the Atlantic 

Council’s Energy Advisory Group and Senior Fellow at the Latin America Center, co-chaired a 

discussion with energy ministers and senior-level officials from Belize, Costa Rica, El Salvador, 

Guatemala, Honduras, Mexico, Nicaragua, and Panama about ways to develop commercial 

natural gas power projects in the Central America region and the benefits of increased natural 

gas trade, including LNG, for regional economic development and competitiveness.296

369. In 1994, the Domestic Policy Council made the following statement in Domestic Oil and 

Gas Incentives: “Preferential tax treatment is the principal source of assistance provided by the 

federal government to the domestic oil and gas industry.” 297

370. In 1994, the Domestic Policy Council made the following statement in Domestic Oil and 

Gas Incentives: “Tax expenditures are intended to encourage the exploration and production of 

domestic oil and gas.”298

371. The Department of the Interior has reported that from 2009–2011, the Department of the 

Interior, through the Office of Indian Energy and Economic Development, has assisted mineral 

 295 Secretary Ross and Secretary Perry Hail New Coal Deal with Ukraine, U.S. Dep’t of 

Commerce (July 31, 2017), https://www.commerce.gov/news/press-releases/2017/07/secretaryross-and-secretary-perry-hail-new-coal-deal-ukraine. [MIL #1 Exh. 359; Doc. 299-163; Bates 

P00000018174- P00000018178, at P00000018174-75].

296 U.S. Dep’t of State, Press Releases, “Central American Senior-Level Natural Gas Policy and 

Investment Roundtable,” (April 16, 2018), 

https://www.state.gov/r/pa/prs/ps/2018/04/280511.htm (last visited June 5, 2018). [MIL #1 Exh. 

118; Doc. 270-80; Bates P00000020417-P00000020418].

297 Doc. 341-223 at P00000063726.

298 Doc. 341-223 at P00000063726.

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 96

owners in Indian Country in the negotiation of 48 leases for oil, gas, renewable energy, and 

aggregate materials development on approximately 2.8 million acres.299

372. The National Research Council issued a report, Energy Research at DOE: Was It Worth 

It? Energy Efficiency and Fossil Energy Research 1978 to 2000, that contained the following 

statement: The Department of Energy “expended nearly $1.5 billion on oil and gas production 

research from 1978 through 2000. Approximately one-third of the funding was to demonstrate 

shale oil technology at a commercial scale.”

300

373. The Department of Energy, through its Office of Fossil Energy, manages a methane 

hydrate program that aims to develop the tools and technologies to allow environmentally safe 

methane production from arctic and domestic offshore hydrates, and is studying new ways to 

predict the location and concentration of subsurface methane hydrate before drilling.301

374. The Department of the Interior, through the U.S. Geological Survey and the BOEM, has 

estimated there are 17.6 billion barrels of technically recoverable oil and more than 50 trillion 

cubic feet of technically recoverable natural gas in the National Petroleum Reserve in Alaska, the 

Western Beaufort Sea, adjacent State and Native lands, and State waters.302

 299 Dep’t of the Interior, New Energy Frontier, at DH-40 (2012), 

https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/FY2013_BIB_DH027.pdf. 

[MIL #1 Exh. 215; Doc. 299-19; Bates P00000020743- P00000020756, at P00000020756].

300 Nat’l Research Council, Energy Research at DOE: Was It Worth It? Energy Efficiency and 

Fossil Energy Research 1978 to 2000, at 55 (2001), https://www.nap.edu/catalo g/10 

165/energy-research- at-doe- was-it-worth-it- energy- efficiency. [MIL #1 Exh. 94; Doc. 270-56; 

Bates P00000011806–P00000012046, at P00000011877].

301 U.S. Dep’t of Energy, Office of Fossil Energy, Science & Innovation, Methane Hydrate. 

[MIL #1 Exh. 98; Doc. 270-60; Bates P00000017984- P00000017987].

302 New Interior Department Survey Shows Significant Increase in Recoverable Energy 

Resources in Federal, State and Tribal Lands and Waters in Alaska, USGS (Dec. 22, 2017),

https://www.usgs.gov/news/new-interior-department-survey-shows-significantincreaserecoverable-energy-resources-federal. [MIL #1 Exh. 267; Doc. 299-71; Bates 

P00000024954- P00000024956, at P00000024954].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 97

375. In 2008 the Department of the Interior’s U.S. Geological Survey conducted an 

assessment and found an estimated 85.4 trillion cubic feet of undiscovered, technically 

recoverable gas from natural gas hydrates on the Alaskan North Slope.303

376. In 2008, the Department of the Interior, through the U.S. Geological Survey, investigated 

and determined that, of the estimated gas within hydrates on the North Slope of Alaska, 56 

percent occurs on federally managed lands, 39 percent on lands and offshore waters managed by 

the State of Alaska, and 4 percent on Native Alaskan lands.304

377. In 2014, Defendants Energy, Interior, and EPA issued a “Federal Multiagency Strategy” 

for coordinating “high priority research” to develop unconventional oil and gas, including 

onshore shale gas, shale oil, and tight oil resources.305

378. The Department of Commerce, through its International Trade Administration, developed 

a 2017 Upstream Oil and Gas Equipment Top Markets Report that was “designed to provide 

market intelligence to U.S. companies, as well as inform policy-makers on [Oil and Gas] markets 

where U.S. Government (USG) resources can make the biggest impact in support of increased 

U.S. [Oil and Gas] equipment exports.”306

 303 Jessica Robertson, Gas Hydrates on Alaska’s North Slope, USGS (Nov. 11, 2008),

https://www.usgs.gov/media/audio/gas-hydrates-alaskas-north-slope. [MIL #1 Exh. 265; Doc. 

299-69; Bates P00000025005].

304 News Release: Gas Hydrates on Alaska’s North Slope Hold One of Nation’s Largest Deposits 

of Technically Recoverable Natural Gas, U.S. Dep’t of the Interior (Nov. 12, 2008),

https://www.doi.gov/sites/doi.gov/files/archive/news/archive/08_News_Releases/111208.html. 

[MIL #1 Exh. 266; Doc. 299-70; Bates P00000024952- P00000024953, at P00000024953].

305 U.S. Dep’t of Energy, U.S. Dep’t of Interior, U.S. EPA, Federal MultiAgency Collaboration 

on Unconventional Oil and Gas Research: A Strategy for Research & Development 2 (July 18, 

2014). [MIL #1 Exh. 99/95; Doc. 270-61/270-66; Bates P00000011180- P0000001119, at 

P00000011182].

306 Top Markets Series: Oil and Gas Equipment, Int’l Trade Admin. (2017), 

https://www.trade.gov/topmarkets/oil-and-gas.asp. [MIL #1 Exh. 367; Doc. 299-171; Bates 

P00000018160- P00000018161].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 98

379. On May 8, 2018, the Department of Energy’s Office of Fossil Energy issued a Request 

for Information for input on the development of small-scale, modular coal-based power plants of 

the future.307

380. The Department of Energy’s approval of liquid natural gas (LNG) exports from the 

proposed Jordan Cove terminal in Coos Bay to nations with which there is in effect a free trade 

agreement required national treatment for trade in natural gas under Section 3(c) of the Natural 

Gas Act, and therefore did not include any environmental review or other public interest analysis 

by DOE. Answer ¶ 1. 

381. The Department of State’s Bureau of Energy Resources reviews applications for the 

construction, connection, operation, or maintenance of facilities for the exportation or 

importation of petroleum, petroleum products, coal, and other fuels (except for natural gas) at the 

borders of the United States.308

382. No offshore LNG or oil import and export port facility can legally operate without a 

license from the Department of Transportation’s MARAD.309

383. As of May 2018, the U.S. Army Corps of Engineers had issued permits for at least 5,281 

 307 U.S. Dep’t of Energy, Dep’t of Energy Seeks Information on Small-Scale Modular CoalBased Power Plants of the Future (May 8, 2018). [June 29 MIL Exh. 83; Doc. 270-45; Bates 

P00000017981- P00000017983].

308 U.S. Dep’t of State, Bureau of Energy Resources, https://www.state.gov/e/enr/index.htm (last 

visited June 5, 2018). [MIL #1 Exh. 117; Doc. 270-79; Bates P00000020414-P00000020416, at 

P00000020414].

309 Deepwater Port Licensing Program: Welcome to the Maritime Administration’s Deepwater 

Port Licensing for LNG and Oil Webpage, MARAD, https://www.marad.dot.gov/ports/office-ofdeepwater-ports-and-offshore-activities/ (last visited Apr. 25, 2018). [MIL #1 Exh. 189; Doc. 

270-151; Bates P00000029796- P00000029797].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 99

port facilities that process fossil fuel commodities.310

384. The United States EIA has reported that the United States has authorized millions of 

barrels of crude oil to be exported from the U.S. between 1990 and 2017.311

385. Prior to December 18, 2015, a federally-issued license was required to export crude oil 

from the United States to all destinations, which licenses to Canada generally being approved 

and licenses to other countries generally being rejected. Answer ¶ 181.

386. The United States EIA has reported that in December 2015, Congress lifted the ban on 

crude oil exports resulting in the rapid rise of crude oil exports thereafter.312

387. As of December 18, 2015, Defendants are prohibited from implementing or enforcing 

export controls on crude oil. A federally-issued license continues to be required for export of 

crude oil to sanctioned or embargoed countries or to certain prohibited end users. Answer ¶ 181.

388. In 1977, MARAD issued licenses for the Louisiana Offshore Oil Port deepwater port 

with a throughput capacity of 1.2 billion barrels of oil per day, the only deepwater port petroleum 

terminal in the United States.313

389. In 1990, the United States exported approximately 39,653 thousand barrels of crude 

 310 Ports and Waterways Facilities, U.S. Army Corps of Eng’rs, Navigation Data Ctr., 

http://www.navigationdatacenter.us/ports/ports.htm (last visited May 11, 2018). [MIL #1 Exh. 

311; Doc. 299-115; Bates P00000037018- P00000037019].

311 U.S. Exports of Crude Oil, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=MCREXUS1&f=A (last 

updated Apr. 30, 2018). [MIL #1 Exh. 361; Doc. 299-165; Bates P00000018179-

P00000018183].

312 U.S. Dep’t of Energy, Office of Energy Efficiency & Renewable Energy, Vehicle 

Technologies Office, FOTW #1022, March 26, 2018: U.S. Crude Oil Exports Skyrocketed in 

2016 and 2017. [MIL #1 Exh. 96; Doc. 270-58; Bates P00000017994- P00000017996].

313 Deepwater Port Licensing Program: Approved Applications and Operational Facilities, 

MARAD, https://www.marad.dot.gov/ports/office-of-deepwater-ports-and-offshoreactivities/approved-applications-and-operational-facilities/ (last visited Apr. 25, 2018). [MIL #1 

Exh. 190; Doc. 270-152; Bates P00000029798- P00000029803, at P00000029799].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 100

oil.314

390. In 1990, the United States exported approximately 257,994 thousand barrels of finished 

petroleum products.315 

391. In August 2009, the Department of State issued a presidential permit for Enbridge 

Energy’s Alberta Clipper crude oil pipeline, which transports crude oil from the oil sands region 

of Alberta, Canada to oil markets in the Midwestern United States.316

392. In 2012, the United States exported approximately 24,693 thousand barrels of crude 

oil.317

393. In 2012, the United States exported approximately 954,858 thousand barrels of finished 

petroleum products.318 

394. In 2012, the Department of Commerce authorized the import of 3.1 billion barrels of 

crude oil.319

 314 U.S. Exports of Crude Oil, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=MCREXUS1&f=A (last 

updated Apr. 30, 2018). [MIL #1 Exh. 361; Doc. 299-165; Bates P00000018179-

P00000018183, at P00000018182].

315 U.S. Exports of Finished Petroleum Products, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=MTPEXUS1&f=A (last visited 

May 11, 2018). [MIL #1 Exh. 364; Doc. 299-168; Bates P00000018186- P00000018189, at 

P00000018188].

316 Cong. Research Serv., Presidential Permits for Border Crossing Energy Facilities, at 2, 

https://fas.org/sgp/crs/misc/R43261.pdf. [MIL #1 Exh. 116; Doc. 270-78; Bates P00000020377-

P00000020387, at P00000020381].

317 Petroleum and Other Liquids: Exports, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/pet_move_exp_dc_NUS-Z00_mbbl_a.htm (last visited May 10, 

2018). [MIL #1 Exh. 362; Doc. 299-166; Bates P00000018184- P00000018185].

318 Petroleum and Other Liquids: Exports, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/pet_move_exp_dc_NUS-Z00_mbbl_a.htm (last visited May 10, 

2018). [MIL #1 Exh. 365; Doc. 299-169; Bates P00000018184- P00000018185, at 

P00000018184].

319 Cong. Research Serv., U.S. Crude Oil Exports: Licensing and Data Issues 1 (2013), 

https://www.energy.senate.gov/public/index.cfm/files/serve?File_id=73e6832f-9670-445b-b8c5-

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395. In 2014, the 127,864 thousand barrels of crude oil exported from the United States 

pursuant to a license issued by the Department of Commerce’s Bureau of Industry and Security 

was an increase from the number of barrels exported in 2013. Answer ¶ 181.

396. In 2014, the United States imported 2,680,626 thousand barrels of crude oil. Answer ¶ 

181.

397. The Department of Energy has jurisdiction over import and export authorization of 

natural gas. Answer ¶ 182.

398. Without authorization from the Department of Energy, no person may export or import 

natural gas (including liquefied natural gas, compressed natural gas, compressed gas liquids, etc.) 

from or into the United States.320

399. The Department of Energy, through the Office of Fossil Energy, issues short-term and 

long-term authorizations for the import and export of natural gas. Answer ¶ 105.

400. The Department of State’s Bureau of Energy Resources “leads the promotion of U.S. 

liquid natural gas (LNG) exports globally.”321

401. As of March 16, 2018, the Department of Energy had approved at least 35 Long Term 

Applications to export domestically produced LNG from the lower-48 states, totaling 

 

9b254d9f5bca (memorandum to Senate Energy and Natural Resources Committee). [MIL #1 

Exh. 363; Doc. 299-167; Bates P00000018046- P00000018049, at P00000018046].

320 How to Obtain Authorization to Import and/or Export Natural Gas and LNG, U.S. Dep’t of 

Energy. [MIL #1 Exh. 84; Doc. 270-46; Bates P00000017944- P00000017947, at 

P00000017944].

321 U.S. Dep’t of State, Bureau of Energy Resources, https://www.state.gov/e/enr/index.htm (last 

visited June 5, 2018). [MIL #1 Exh. 117; Doc. 270-79; Bates P00000020414-P00000020416, at 

P00000020415].

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approximately 31.5 billion cubic feet per day.322

402. Between 1995 and 2015, the United States imported 71,730 Bcf of natural gas, and 

exported 14,623 Bcf of natural gas. Answer ¶ 182.

403. In 2014, the Department of Energy authorized the import of 51,824 thousand barrels of 

natural gas plant liquids and liquefied refinery gases. Answer ¶ 182.

404. In 2014, the Department of Energy authorized the export of 257,948 thousand barrels of 

natural gas plant liquids and liquefied refinery gases. Answer ¶ 182.

405. In 2016, the U.S. exported 183.9 billion cubic feet of liquid natural gas through export 

terminals.323

406. In 2017, the U.S. exported approximately 706,303,241 thousand cubic feet of 

domestically-produced liquefied natural gas by vessel.324

407. In May 2017, the Department of Commerce issued a report, Top Markets Report 

Upstream Oil and Gas Equipment, that contained the following statement: “Despite low natural 

gas prices, the United States began exporting liquefied natural gas (LNG) from the lower-48 

states for the first time in fifty years.”

325

 322 U.S. Dep’t of Energy, Long Term Applications Received by DOE/FE to Export Domestically 

Produced LNG from the Lower-48 States (as of March, 16, 2018) (2018). [MIL #1 Exh. 85; Doc. 

270-47; Bates P00000017927- P00000017933].

323 U.S. Dep’t of Transp., Port Performance Freight Statistics Program: Annual Report to 

Congress 4-12 (2017). [MIL #1 Exh. 310; Doc. 299-114; Bates P00000019937- P00000020212, 

at P00000020000].

324 U.S. Dep’t of Energy, Office of Fossil Energy, LNG Monthly (YTD – through December 

2017) (2018). [MIL #2 Exh. 587; Doc. 341-587; Bates P00000121288-P00000121306, at 

P00000121297].

325 U.S. Dep’t of Commerce, Top Markets Report Upstream Oil and Gas Equipment (May 2017) 

5, 9 https://www.trade.gov/topmarkets/pdf/Oil_and_Gas_Top_Markets_Report.pdf (last visited 

June 4, 2018). [MIL #1 Exh. 373; Doc. 299-177; Bates P00000018049- P00000018132, at 

P00000018055].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 103

408. On March 20, 2018, Department of State Deputy Assistant Secretary Sandra Oudkirk 

made the following statements at the event Economics vs. Geopolitics? Nord Stream 2, Ukraine, 

and Europe’s Energy Security in Brussels: “The United States is a brand new LNG exporter. 

First exports happened in 2016. First permitting began in 2014.”326

409. Coastal facilities through which coal may be exported are subject to federal review and 

approval. Answer ¶ 183.

410. Although in 1975 Congress authorized the Office of the President to restrict coal exports 

under the Energy Policy and Conservation Act of 1975, 42 U.S.C. § 6212(a), no President has 

exercised this authority to impose any significant export restrictions on coal. Answer ¶ 183.

411. In 2011, the United States exported 107 million short tons of coal. Answer ¶ 184.

412. In 2012, the United States exported 125 million short tons of coal, the highest level of 

coal exports in over twenty years. Answer ¶ 184.

413. In 2014, the United States imported 11 million short tons of coal and exported 97 million 

short tons of coal. Answer ¶ 184.

414. In 2017, the United States imported approximately 7.8 million short tons of coal and 

exported approximately 97 million short tons of coal.327

415. The U.S. Energy Information Administration reports: “The United States is a net exporter 

of coal, meaning that it exports more coal to other countries than it imports. In 2012, U.S. coal 

 326 U.S. Dep’t of State, News & Events, Remarks by DAS Sandra Oudkirk, Bureau of Energy 

Resources, at Martens Centre in Brussels (March 20, 2018), https://useu.usmission.gov/remarksdas-sandra-oudkirk-bureau-energy-resources-martens-centre-brussels/ (last visited June 6, 2018). 

[MIL #1 Exh. 119; Doc. 270-81; Bates P00000020417-P00000020418, at P00000020403].

327 U.S. Energy Info. Admin., March 2018: Monthly Energy Review 99 (2018), 

https://www.eia.gov/totalenergy/data/monthly/pdf/mer.pdf. [MIL #1 Exh. 135; Doc. 270-97; 

Bates P00000027839- P00000028082, at P00000027947].

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exports reached a record high of 126 million short tons, equal to 12% of U.S. coal production. 

U.S. coal exports declined each year from 2012 through 2016 and then increased in 2017. In 

2017, the United States exported about 97 million short tons of coal—equal to about 13% of U.S. 

coal production—to at least 42 countries.”328

416. The U.S. Energy Information Administration reports that “[t]he top five destinations of 

U.S. coal exports and their shares of total coal exports in 2017” were India (11.8%), South Korea 

(9.7%), The Netherlands (9.7%), Japan (7.9%), and Brazil (7.8%).329

417. The Department of Transportation’s PHMSA develops and enforces regulations for the 

safe, reliable, and environmentally sound operation of the U.S.’s 2.6 million mile pipeline 

transportation system for fossil fuels.330

418. On April 19, 2017, the Congressional Research Service issued a report, Presidential 

Permit Review for Cross-Border Pipelines & Electric Transmission, that contained the following 

statement: “Executive permission in the form of a Presidential Permit has long been required for 

the construction, connection, operation, and maintenance of certain facilities that cross the 

United States borders with Canada and Mexico.”

331

 328 Coal Explained: Coal Imports and Exports, U.S. EIA, 

https://www.eia.gov/energyexplained/index.php?page=coal_imports (to be filed with Plaintiffs’ 

Third Motion in Limine). 

329 Coal Explained: Coal Imports and Exports, U.S. EIA, 

https://www.eia.gov/energyexplained/index.php?page=coal_imports (to be filed with Plaintiffs’ 

Third Motion in Limine). 

330 Gas Pipeline Miles by System Type – 2017, PHMSA, https://hip.phmsa.dot.gov/ (last visited 

Apr. 25, 2018) (access through search in Pipeline Data Mart); General Pipeline FAQs, PHMSA, 

https://www.phmsa.dot.gov/faqs/general-pipeline-faqs (last visited Apr. 25, 2018). [MIL #1 Exh. 

168; Doc. 270-130; Bates P00000028374].

331 Cong. Research Serv., Presidential Permit Review for Cross-Border Pipelines & Electric 

Transmission (April 19, 2017), https://fas.org/sgp/crs/misc/R44140.pdf. [MIL #1 Exh. 114; Doc. 

270-76; Bates P00000020356-P00000020376, at P00000020357].

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419. Pipelines are the primary mode for transporting crude oil and petroleum within the 

United States.332

420. No pipeline to transport fossil fuels can begin operation until certified as safe by the 

Department of Transportation.333

421. The Department of Transportation’s OPS develops, implements, and enforces the safety 

standards, procedures, and actual development and expansion of any pipeline system in the 

United States.334

422. PHMSA has made the following statement on its website: “The nation’s more than 2.6 

million miles of pipelines safely deliver trillions of cubic feet of natural gas and hundreds of 

billions of ton/miles of liquid petroleum products each year.”335

423. From 2000 to 2017, the U.S. natural gas pipeline transportation network delivered 

approximately 434,000 billion cubic feet of natural gas.336

424. As of August 2017, the Department of State had issued permits for 48 cross-border 

 332 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Transportation Statistics Annual Report 

67 (2016), https://www.bts.gov/sites/bts.dot.gov/files/docs/TSAR_2016.pdf. [MIL #1 Exh. 169; 

Doc. 270-131; Bates P00000026910- P00000027155, at P00000026988].

333 U.S. Natural Gas Regulatory Authorities, U.S. Energy Info. Admin., 

https://www.eia.gov/naturalgas/archive/analysis_publications/ngpipeline/regulatory.html (last 

visited Apr. 25, 2018). [MIL #1 Exh. 170; Doc. 270-132; Bates P00000029786- P00000029787].

334 U.S. Natural Gas Regulatory Authorities, U.S. Energy Info. Admin., 

https://www.eia.gov/naturalgas/archive/analysis_publications/ngpipeline/regulatory.html (last 

visited Apr. 25, 2018). [MIL #1 Exh. 170; Doc. 270-132; Bates P00000029786- P00000029787].

335 General Pipeline FAQs, PHMSA, https://www.phmsa.dot.gov/faqs/general-pipeline-faqs (last 

visited Apr. 25, 2018). [MIL #1 Exh. 171; Doc. 270-133; Bates P00000029781- P00000029785, 

at P00000029782].

336 Natural Gas Consumption (Billion Cubic Feet), Bureau of Transp. Statistics, 

https://www.transtats.bts.gov/osea/seasonaladjustment/?PageVar=NATURAL_GAS (last visited 

Apr. 25, 2018). [MIL #1 Exh. 175; Doc. 270-137; Bates P00000029805- P00000029809].

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 106

pipelines that transport liquid petroleum and petroleum products.337

425. As of 2017, there were approximately 318,710 miles of natural gas transmission and 

gathering pipelines in the United States.338

426. As of 2017, there were approximately 2,233,208 miles of total distribution main and 

estimated service for gas distribution systems in the United States.339

427. On February 8, 2017, the U.S. Army Corps of Engineers granted an easement to Dakota 

Access LLC for installation, construction, operation, maintenance, and repair of a light crude 

pipeline, the final approval needed to complete the Dakota Access Pipeline.340

428. The Dakota Access Pipeline has the capacity to transport around 500,000 barrels of crude 

oil per day.341

429. On March 24, 2017, Under Secretary of State for Political Affairs Thomas A. Shannon, 

Jr. issued a presidential permit to TransCanada Keystone Pipeline, L.P. authorizing TransCanada 

to construct, operate, and maintain pipeline facilities at the U.S.-Canadian border in Phillips 

 337 Permit List, Dept. of State, https://www.state.gov/p/wha/rt/permit/274063.htm (to be filed 

with Plaintiff’s Third Motion in Limine). 

338 Annual Report Mileage for Natural Gas Transmission & Gathering Systems, PHMSA (Apr. 4, 

2018), https://www.phmsa.dot.gov/data-and-statistics/pipeline/annual-report-mileage-naturalgas-transmission-gathering-systems. [MIL #1 Exh. 172; Doc. 270-134; Bates P00000028471-

P00000028473, at P00000028472].

339 Annual Report Mileage for Gas Distribution Systems, PHMSA (Apr. 4, 2018), 

https://www.phmsa.dot.gov/data-and-statistics/pipeline/annual-report-mileage-gas-distributionsystems. [MIL #1 Exh. 173; Doc. 270-135; Bates P00000029096- P00000029098, at 

P00000029097].

340 U.S. Army Corps of Engineers, Omaha Dist., Corps Grants Easement to Dakota Access, LLC, 

http://www.nwo.usace.army.mil/Media/News-Releases/Article/1077134/corps-grants-easementto-dakota-access-llc/ (last visited May 24, 2018). [MIL #1 Exh. 300; Doc. 299-104;; Bates 

P00000020259].

341 President Trump Takes Action to Expedite Priority Energy and Infrastructure Projects, White

House (Jan. 24, 2017), https://www.whitehouse.gov/briefings-statements/president-trumptakesaction-expedite-priority-energy-infrastructure-projects/. [MIL #1 Exh. 232; Doc. 299-36; 

Bates P00000025001- P00000025004, at P00000025002].

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County, Montana for the importation of crude oil.342

430. The Department of Transportation’s FRA regulates more than 760 railroads, including 

640 freight railroads across the United States.343

431. From 2012 to 2017, approximately 1.5 billion barrels of crude oil were transported by rail 

in the United States.344

432. In 2015, 64.9% of domestic coal shipments were transported by rail in the United 

States.345

433. Oil shipment by rail in the United States increased from less than 1% in 2010 to 14.2% in 

2016.346

434. In 2014, approximately 155 million short tons of coal and coke were transported via 

internal U.S. waterways.347

435. In 2014, approximately 165.7 million short tons of petroleum were transported via 

 342 U.S. Dep’t of State, “Issuance of Presidential Permit to TransCanada for Keystone XL 

Pipeline,” (March 24, 2017), https://www.state.gov/r/pa/prs/ps/2017/03/269074.htm. [MIL #1 

Exh. 123; Doc. 270-85; Bates P00000020426- P00000020427].

343 Overview, Fed. Railroad Admin., https://www.fra.dot.gov/Page/P0351 (last visited Apr. 25, 

2018). [MIL #1 Exh. 179; Doc. 270-141; Bates P00000028474- P00000028475].

344 Movements of Crude Oil and Selected Products by Rail, U.S. Energy Info. Admin., 

https://www.eia.gov/dnav/pet/pet_move_railNA_a_EPC0_RAIL_mbbl_a.htm. [MIL #1 Exh.

181; Doc. 270-143; Bates P00000028481- P00000028482].

345 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Transportation Statistics Annual Report 

69 (2016), https://www.bts.gov/sites/bts.dot.gov/files/docs/TSAR_2016.pdf. [MIL #1 Exh. 183; 

Doc. 270-145; Bates P00000026910- P00000027155, at P00000026990].

346 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Freight Facts and Figures 2017, at 2-7 

(2017), https://www.bts.gov/sites/bts.dot.gov/files/docs/FFF_2017.pdf. [MIL #1 Exh. 180;. 270-

142; Bates P00000027156- P00000027263, at P00000027172]. 

347 Coal and Coke: Monthly Indicator for Internal U.S. Waterways, U.S. Army Corps of Eng’rs, 

Navigation Data Ctr., Waterborne Commerce Statistics Ctr. (last updated Apr. 19, 2018), 

http://www.navigationdatacenter.us/wcsc/wcmcoal.htm. [MIL #1 Exh. 305; Doc. 299-109; Bates 

P00000019924].

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internal U.S. waterways.348

436. In 2016, approximately 120 million short tons of coal were transported on the U.S. 

waterway system.349

437. The EPA has issued regulations that apply to petroleum refineries. Answer ¶ 186.

438. The EPA has established CO2 emission standards for certain types of power plants. 

Answer ¶¶ 125, 146, 153.

439. Under the Clean Air Act (CAA), EPA has issued standards for refineries that apply based 

on certain characteristics and refineries may be subject to permitting requirements under EPA 

permitting programs. Answer ¶ 186.

440. Certain products and equipment are subject to energy conservation standards set either by 

statute or by Department of Energy regulations. Answer ¶ 188. 

441. The Department of Energy is required to establish building energy efficiency standards 

for all new federal buildings. Answer ¶ 188. 

442. The Department of Energy, through the Building Technology Office, sets energy 

efficiency standards which dictate energy consumption rates for appliances and equipment. 

Answer ¶ 105. 

443. The Department of Commerce’s National Institute of Standards Technology develops 

measurement science, predictive models, and performance metrics to improve the energy 

 348 Petroleum: Monthly Indicator for Internal U.S. Waterways, U.S. Army Corps of Eng’rs, 

Navigation Data Ctr., Waterborne Commerce Statistics Ctr. (last updated Apr. 19, 2018), 

http://www.navigationdatacenter.us/wcsc/wcmpetro.htm. [MIL #1 Exh. 308; Doc. 299-112; 

Bates P00000020213].

349 U.S. Army Corps of Eng’rs, The U.S. Waterway System: 2016 Transportation Facts & 

Information 2 (2017), http://www.navigationdatacenter.us/factcard/FactCard2016.pdf. [MIL #1 

Exh. 309/306; Doc. 299-113; Bates P00000019925- P00000019936, at P00000019926].

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efficiency of building components and systems, and advances measurement science, standards, 

and technology related to energy utilization in buildings. Answer ¶ 119(a). 

444. The Department of Energy’s Building Technologies Office implements minimum energy 

conservation standards for more than 60 categories of appliances and equipment, which covers 

about 90% of home energy use.350

445. The Department of Transportation, through the National Highway Traffic Safety 

Administration (NHTSA), sets fuel economy standards for passenger cars and light trucks 

produced for sale in the United States. Answer ¶ 114(b), 189.

446. Passenger cars and light trucks cannot be sold in the United States unless they comply 

with the fuel economy standards for passenger cars and light trucks promulgated by the 

Department of Transportation through NHTSA.351

447. The Department of Energy, through the Office of Energy Efficiency and Renewable 

Energy, sets the minimum number of light duty alternative fuel vehicles required in certain 

federal fleets. Answer ¶ 105.

448. The Department of Transportation did not change fuel efficiency standards for passenger 

cars for twenty years between model year 1990–2010.352

 350 Appliance and Equipment Standards Program, U.S. Dep’t of Energy, Office of Energy 

Efficiency & Renewable Energy. [June 18 MIL Exh. 92; Doc. 270-54; Bates P00000017934-

P00000017939, at P00000017935].

351 Corporate Average Fuel Economy (CAFE) Standards, U.S. Dep’t of Transp., 

https://www.transportation.gov/mission/sustainability/corporate-average-fuel-economy-cafestandards (last visited Apr. 25, 2018). [MIL #1 Exh. 151; Doc. 270-113; Bates P00000028468-

P00000028470].

352 U.S. Envtl. Prot. Agency, EPA-420-R-18-001, Light-Duty Automotive Technology, Carbon 

Dioxide Emissions, and Fuel Economy Trends: 1975 Through 2017, at 118 (2018), 

https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100TGDW.pdf. [MIL #1 Exh. 143; Doc. 270-

105; Bates P00000028212- P00000028369, at P00000028334].

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449. The United States has historically had one of the lowest fuel efficiency standards in terms 

of fleet-average fuel economy rating among developed nations.353

450. Fuel economy for long wheelbase light-duty vehicles was 17.4 miles per gallon in 1993 

and 17.4 miles per gallon in 2016.354

451. Sports Utility Vehicles are less fuel-efficient and emit greater quantities of CO2 per mile 

than lighter-weight vehicles, if other factors are held equal. Answer ¶ 190.

452. The Department of Transportation’s NHTSA withdrew a proposed rule that would have 

required tire manufacturers to rate replacement tires based on fuel efficiency (rolling resistance) 

performance, which would have saved about 1 to 2 billion gallons of fuel per year, in response to 

President Trump’s Presidential Memorandum, Regulatory Freeze Pending Review issued on 

January 20, 2017.355

453. The FAA has stated that anyone who wants to fly an aircraft––human-operated or not––

in U.S. airspace needs some level of approval from the FAA.356

 353 NHTSA, DOT HS 811 286, Information about Corporate Average Fuel Economy (CAFE) 

Standards (2010), https://www.nhtsa.gov/staticfiles/laws_regs/pdf/811286.pdf. [MIL #1 Exh.

152; Doc. 270-114; Bates P00000029776].

354 U.S. Energy Info. Admin., March 2018: Monthly Energy Review 19 (2018), 

https://www.eia.gov/totalenergy/data/monthly/pdf/mer.pdf. [MIL #1 Exh. 156; Doc. 270-118; 

Bates P00000027839- P00000028082, at P00000027867].

355 Tire Fuel Efficiency Consumer Information—Part 2, RIN 2127-AK76, Office of Info. & Reg. 

Affairs, https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201610&RIN=2127-

AK76 (last visited Apr. 25, 2018). [MIL #1 Exh. 167; Doc. 270-129; Bates P00000029779-

P00000029780]; U.S. Dep’t of Transp., Nat’l Highway Traffic Safety Admin., DOT HS 811 119, 

NHTSA Tire Fuel Efficiency Consumer Information Program Development: Phase 1 –

Evaluation of Laboratory Test Protocols 1 (2009), 

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/fmvss/Laboratory_Test_Protocols.pdf. [MIL #1 

Exh. 166; Doc. 270-128; Bates P00000026357- P00000026460, at P00000026374].

356 Busting Myths about the FAA and Unmanned Aircraft, FAA (Feb. 26, 2014), 

https://www.faa.gov/news/updates/?newsId=76240. [MIL #1 Exh. 188;; Doc. 270-150; Bates 

P00000029101- P00000029103, at P00000029101].

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454. The Government Accountability Office has found that the development and adoption of 

low-emissions technologies in aviation is dependent in part on “any government policies that 

price aircraft emissions.”357

455. In Fiscal Year 2017, GHG emissions from standard operations of the federal government 

(not including military and law enforcement) totaled 38,182,256.8 MT CO2e.

358

456. In Fiscal Year 2017, GHG emissions from non-standard operations359 totaled 

38,753,720.0 MT CO2e.

360

457. The Department of Defense is responsible for most of the energy consumed by the 

federal government, spending billions of dollars each year to power its permanent military 

installations around the world.361

 357 U.S. Gov’t Accountability Office, GAO-09-554, Aviation and Climate Change: Aircraft 

Emissions Expected to Grow, but Technological and Operational Improvements and 

Government Policies Can Help Control Emissions 22 (2009). [MIL #1 Exh. 184; Doc. 270-146; 

Bates P00000028112- P00000028211, at P00000028138].

358 U.S. Dep’t of Energy, Energy Efficiency & Renewable Energy, Comprehensive Energy Data 

and Sustainability Performance, 

http://ctsedwweb.ee.doe.gov/Annual/Report/ComprehensiveGreenhouseGasGHGInventoriesBy

AgencyAndFiscalYear.aspx

359 Non-Standard Operations are vehicles, vessels, aircraft and other equipment used by Federal 

Government agencies in combat support, combat service support, tactical or relief operations, 

training for such operations, law enforcement, emergency response, or spaceflight (including 

associated ground-support equipment). Non-Standard operations also include generation of 

electric power produced and sold commercially to other parties. U.S. Dep’t of Energy, Energy 

Efficiency & Renewable Energy, Comprehensive Energy Data and Sustainability Performance, 

http://ctsedwweb.ee.doe.gov/Annual/Report/ComprehensiveGreenhouseGasGHGInventoriesBy

AgencyAndFiscalYear.aspx

360 U.S. Dep’t of Energy, Energy Efficiency & Renewable Energy, Comprehensive Energy Data 

and Sustainability Performance, 

http://ctsedwweb.ee.doe.gov/Annual/Report/ComprehensiveGreenhouseGasGHGInventoriesBy

AgencyAndFiscalYear.aspx

361 EIA, Today in Energy, https://www.eia.gov/todayinenergy/detail.php?id=19871 (February 5, 

2015). [MIL #1 Exh. 273; Doc. 299-77; Bates P00000020218- P00000020219, at 

P00000020218]; Issue Summary: Energy Management in DOD Facilities, Gov’t Accountability 

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458. The Department of Defense manages over 500 installations worldwide, comprising 

nearly 300,000 buildings.362

459. In Fiscal Year 2016, the Department of Defense used 709,232.9 Billion BTU of total sitedelivered energy in all end-use sectors, which equates to 77% of total federal government energy 

usage.363

460. The Department of Defense uses enough electricity to power 2.6 million average 

American homes.364

461. The Department of Defense’s daily oil use is over 12,000,000 gallons.365

462. In Fiscal Year 2015, Department of Defense fleet vehicles consumed just over 72 million 

gallons of gasoline equivalent, which includes gasoline and diesel/biodiesel blends.

366

463. The United States’ Strategic Petroleum Reserve is the world’s largest supply of 

 

Office, https://www.gao.gov/key_issues/energy_management_dod_facilities/issue_summary 

(last visited May 6, 2018) [MIL #1 Exh. 268; Doc. 299-72; Bates P00000019919].

362 Department of Defense, Annual Energy Management Report Fiscal Year 2015, at 7 (June 

2016), https://www.acq.osd.mil/eie/downloads/ie/fy%202015%20aemr.pdf. [MIL #1 Exh. 270; 

Doc. 299-74; Bates P00000019314- P00000019464, at P00000019320].

363 Comprehensive Annual Energy Data and Sustainability Performance, U.S. Dep’t of Energy, 

http://ctsedwweb.ee.doe.gov/Annual/Report/TotalSiteDeliveredEnergyUseInAllEndUseSectorsB

yFederalAgencyBillionBtu.aspx (last visited May 6, 2018). [MIL #1 Exh. 272; Doc. 299-76; 

Bates P00000020301- P00000020302, at P00000020302].

364 Dep’t of Defense, Nat’l Renewable Energy Lab., 

https://www.nrel.gov/workingwithus/defense.html (last visited May 6, 2018). [MIL #1 Exh. 271; 

Doc. 299-75; Bates P00000020214- P00000020217, at P00000020214].

365 Dep’t of Defense, Nat’l Renewable Energy Lab., 

https://www.nrel.gov/workingwithus/defense.html (last visited May 6, 2018). [MIL #1 Exh. 271; 

Doc. 299-75; Bates P00000020214- P00000020217, at P00000020214] .

366 Department of Defense, Annual Energy Management Report Fiscal Year 2015 (June 2016), 

https://www.acq.osd.mil/eie/downloads/ie/fy%202015%20aemr.pdf at 31. [MIL #1 Exh. 

274/270; Doc. 299-78; Bates P00000019314- P00000019464, at P00000019344].

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emergency crude oil, with a design capacity of 713.5 million barrels of oil.367

464. The federal government had 1,340,000 cars and 1,810,000 trucks in its fleet in 2016.368

465. In 2015, the federal fleet consumed 310,416 thousand gallons of gasoline.369

466. In 2015, the federal fleet consumed 66,736 thousand gallons of diesel.370

467. In 2015, 62% of Department of Transportation’s fleet vehicles surveyed were not low 

greenhouse gas emitting vehicles.371

468. In 2012, 80.5% (435,273 MWh) of the Department of Agriculture’s electricity usage was 

from non-renewable electricity.372

469. The Clean Power Plan, developed by the EPA under President Obama, was not designed 

to address the extraction, production, and exportation of fossil fuels and was not designed to 

return United States’ greenhouse gas emissions to 1990 levels nor was it designed to serve as a 

complete response to all climate change. Answer ¶ 127.

470. The Clean Power Plan, developed by the EPA under President Obama, would have likely 

 367 Strategic Petroleum Reserve, U.S. Dep’t of Energy, Office of Fossil Energy, 

https://energy.gov/fe/services/petroleum-reserves/strategic-petroleum-reserve. [MIL #1 Exh. 90; 

Doc. 270-52; Bates P00000017988- P00000017993, at P00000017989].

368 Oak Ridge Nat’l Lab., ORNL/TM-2017/513, Transportation Energy Data Book 7-3 (36th ed. 

2017), https://cta.ornl.gov/data/index.shtml. [MIL #1 Exh. 148; Doc. 270-110; Bates 

P00000027319- P00000027718, at P00000027499].

369 Oak Ridge Nat’l Lab., ORNL/TM-2017/513, Transportation Energy Data Book 7-7 (36th ed. 

2017), https://cta.ornl.gov/data/index.shtml. [MIL #1 Exh. 148; Doc. 270-110; Bates 

P00000027319- P00000027718, at P00000027503].

370 Oak Ridge Nat’l Lab., ORNL/TM-2017/513, Transportation Energy Data Book 7-7 (36th ed. 

2017), https://cta.ornl.gov/data/index.shtml. [MIL #1 Exh. 148; Doc. 270-110; Bates 

P00000027319- P00000027718, at P00000027503].

371 U.S. Dep’t of Transp., 2016 Strategic Sustainability Performance Plan 67 (2016), 

https://cms.dot.gov/sites/dot.gov/files/2016%20DOT%20SSPP%20Final_Complete_Sept_2016.

pdf. [MIL #1 Exh. 149; Doc. 270-111; Bates P00000028379- P00000028467, at P00000028447].

372 U.S. Dep’t of Agric., 2012 Strategic Sustainability Performance Plan 17 (2012). [MIL #1 

Exh. 77; Doc. 270-39; Bates P00000001765- P00000001790, at P00000001781].

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led to an increase in the use of natural gas for electricity generation. Answer ¶ 127.

471. In 2011, DOI approved 1,381 of the 1,413 requests (97.7%) received from private entities 

to extend deepwater Gulf and Alaskan offshore oil leases after the Deepwater Horizon oil 

spill.373

472. Significant climate impacts have already occurred in the United States. Answer ¶ 241.

473. Positive feedbacks and potential tipping points for some biological physical systems 

exist. Answer ¶ 241. 

474. Some changes caused by climate change may be irreversible. Answer ¶ 241. 

475. Climate change endangers human health by affecting the air humans breathe, food and 

water sources, and human interactions with built and natural environments. Answer ¶ 237.

476. Climate change is likely to be associated with an increase in allergies, asthma, cancer, 

cardiovascular disease, stroke, heat-related morbidity and mortality, food-borne diseases, 

injuries, and toxic exposures. Answer ¶ 237. 

477. At least 9,000 Americans have died from heat-related illnesses since 1979. Answer ¶ 238. 

478. Climate change increases the prevalence and geographic distribution of occurrences of 

some infectious diseases. Answer ¶ 237.

479. As of 2015, there were twice as many Lyme disease cases than reported in 1991. Answer 

¶ 238. 

480. In the past three decades, the percentage of Americans with asthma has more than 

doubled, and climate change is putting those Americans at greater risk of requiring 

 373 Dep’t of the Interior, New Energy Frontier, at DH-38 (2012), 

https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/FY2013_BIB_DH027.pdf. 

[MIL #1 Exh. 215; Doc. 299-19; Bates P00000020743- P00000020756, at P00000020754].

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hospitalization. Answer ¶ 238. 

481. Longer growing seasons resulting from increased temperatures have allowed ragweed to 

produce pollen for a longer period, exacerbating the effects of ragweed allergies. Answer ¶ 238.

482. In its 1996 summary of the Conference on Human Health and Global Climate Change, 

the National Science and Technology Council and the National Academy of Sciences made the 

following statements: “An increase in average temperature would probably be accompanied by 

an increase in the number and severity of extreme heatwaves in some areas. This would cause an 

increase in illness and death, particularly among the young, the elderly, the frail, and the ill, 

especially in large urban areas.”374

483. In its 1996 summary of the Conference on Human Health and Global Climate Change, 

the National Science and Technology Council and the National Academy of Sciences reported 

on Al Gore’s made the following statements: “Changing temperatures and rainfall patterns are 

predicted to also increase the spread of infectious diseases. Insects that carry disease organisms 

may now move to areas that were once too cold for them to survive. These new breeding sites 

and higher temperatures may also speed reproduction. Diseases we had hoped were just a 

memory in this country are suddenly a renewed threat.”375

484. In its 1996 summary of the Conference on Human Health and Global Climate Change, 

the National Science and Technology Council and the National Academy of Sciences made the 

following statements: “Higher temperatures and humidity may also lead to higher concentrations 

of plant pollen and fungal spores that cause allergic disorders such as asthma and hay fever.”376

 374 Doc. 341-226 at P00000063977.

375 Doc. 341-226 at P00000063972.

376 Doc. 341-226 at P00000063982.

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485. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Rising levels of CO2 and resulting climate changes alter the production, 

allergenicity (a measure of how much particular allergens, such as ragweed, affect people),

distribution, and seasonal timing of aeroallergens. These changes increase the severity and 

prevalence of allergic diseases in humans. Higher pollen concentrations and longer pollen 

seasons can increase allergic sensitization and asthma episodes and thereby limit productivity at 

work and school.”377

486. Assuming no change in regulatory controls or population assessments, an estimated 1,000 

to 4,300 additional premature deaths will occur nationally per year by 2050 from combined 

ozone and particle health effects. Answer ¶ 255. 

487. Climate change is expected to increase ground-level ozone pollution over broad areas of 

the country due to surface temperature and other impacts, including large metropolitan 

population centers. Ground-level ozone can affect the respiratory system, including through 

irritation of the airways, reductions in lung function, aggravation of asthma, and airway 

inflammation. Answer ¶ 255. 

488. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Health impacts associated with climate-related changes in exposure to extreme 

events include death, injury, or illness; exacerbation of underlying medical conditions; and 

adverse effects on mental health [High Confidence]. Climate change will increase exposure risk 

 377 Doc. 341-303 at P00000070418.

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in some regions of the United States due to projected increases in the frequency and/or intensity 

of drought, wildfires, and flooding related to extreme precipitation and hurricanes [Medium 

Confidence].”378 

489. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Many types of extreme events related to climate change cause disruption of 

infrastructure, including power, water, transportation, and communication systems, that are 

essential to maintaining access to health care and emergency response services and safeguarding 

human health [High Confidence].”379

490. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Increasing concentrations of greenhouse gases lead to an increase of both average 

and extreme temperatures, leading to an increase in deaths and illness from heat and a potential 

decrease in deaths from cold.”380

491. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Changes in climate, specifically rising temperatures, altered precipitation patterns, 

and increasing concentrations of atmospheric carbon dioxide, are expected to contribute to 

increases in the levels of some airborne allergens and associated increases in asthma episodes 

and other allergic illnesses [High Confidence].” 381

 378 Doc. 341-303 at P00000070357.

379 Doc. 341-303 at P00000070357.

380 Doc. 341-303 at P00000070391.

381 Doc. 341-303 at P00000070355.

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492. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Climate change will make it harder for any given regulatory approach to reduce 

ground-level ozone pollution in the future as meteorological conditions become increasingly 

conducive to forming ozone over most of the United States [Likely, High Confidence]. Unless 

offset by additional emissions reductions of ozone precursors, these climate-driven increases in 

ozone will cause premature deaths, hospital visits, lost school days, and acute respiratory 

symptoms [Likely, High Confidence].”382

493. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Wildfires emit fine particles and ozone precursors that in turn increase the risk of 

premature death and adverse chronic and acute cardiovascular and respiratory health outcomes 

[Likely, High Confidence]. Climate change is projected to increase the number and severity of 

naturally occurring wildfires in parts of the United States, increasing emissions of particulate 

matter and ozone precursors and resulting in additional adverse health outcomes [Likely, High 

Confidence].”383

494. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “The effects of global climate change on mental health and well-being are integral 

parts of the overall climate-related human health impacts. Mental health consequences of climate 

change range from minimal stress and distress symptoms to clinical disorders, such as anxiety, 

 382 Doc. 341-303 at P00000070355.

383 Dkt 341-303 at P00000070355.

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depression, post-traumatic stress, and suicidal thoughts.”384

495. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Many people will experience adverse mental health outcomes and social impacts 

from the threat of climate change, the perceived direct experience of climate change, and 

changes to one’s local environment [High Confidence].”385

496. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “The impact of extreme heat on mental health is associated with increased incidence 

of disease and death, aggressive behavior, violence, and suicide and increases in hospital and 

emergency room admissions for those with mental health or psychiatric conditions.” 386 

497. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “There may be a link between extreme heat (climate change related or otherwise) and 

increasing violence, aggressive motives, and/or aggressive behavior. The frequency of 

interpersonal violence and intergroup conflict may increase with more extreme precipitation and 

hotter temperatures. These impacts can include heightened aggression, which may result in 

increased interpersonal violence and violent crime, negatively impacting individual and societal 

mental health and well-being.” 387

498. In the 2016 report The Impacts of Climate Change on Human Health in the United 

 384 Doc. 341-303 at P00000070565.

385 Doc. 341-303 at P00000070365.

386 Doc. 341-303 at P00000070568.

387 Doc. 341-303 at P00000070568.

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States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Many people exposed to climate-related or weather-relate disasters experience 

stress and serious mental health consequences. Depending on the type of the disaster, these 

consequences include post-traumatic stress disorder (PTSD), depression, and general anxiety, 

which often occur at the same time [Very High Confidence]. The majority of affected people 

recover over time, although a significant proportion of exposed individuals develop chronic 

psychological dysfunction [High Confidence].” 388

499. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Specific groups of people are at higher risk for distress and other adverse mental 

health consequences from exposure to climate-related or weather-related disasters. These groups 

include children, the elderly, women (especially pregnant and post-partum women), people with 

preexisting mental illness, the economically disadvantaged, the homeless, and first responders 

[High Confidence]. Communities that rely on the natural environment for sustenance and 

livelihood, as well as populations living in areas most susceptible to specific climate change 

events, are at increased risk for adverse mental health outcomes [High Confidence].” 389 

500. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “The threat of climate change is a key psychological and emotional stressor. 

Individuals and communities are affected both by direct experience of local events attributed to 

climate change and by exposure to information regarding climate change and its effects. For 

 388 Doc. 341-303 at P00000070564.

389 Doc. 341-303 at P00000070564.

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example, public communication and media messages about climate change and its projected 

consequences can affect perceptions of physical and societal risks and consequently affect 

mental health and well-being. The interactive and cumulative nature of climate change effects on 

health, mental health, and well-being are critical factors in understanding the overall 

consequences of climate change on human health.” 390 

501. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Many people exposed to climate- or weather-related natural disasters experience 

stress reactions and serious mental health consequences, including symptoms of post-traumatic 

stress disorder (PTSD), depression, and general anxiety, which often occur simultaneously.” 391 

502. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program stated: “Exposure to 

life threatening events, like highly destructive hurricanes such as Hurricane Katrina in 2005, 

have been associated with acute stress, PTSD, and higher rates of depression and suicide in 

affected communities. These mental health consequences are of particular concern for people 

facing recurring disasters, posing a cumulative psychological toll.” 392 

503. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Disaster-related stress reactions and accompanying psychological impacts occur in 

many individuals directly exposed to the event and can continue over extended time periods (up 

 390 Doc. 341-303 at P00000070566.

391 Doc. 341-303 at P00000070566.

392 Doc. 341-303 at P00000070566.

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to a year or more). For example, three months after Hurricane Andrew, 38% of children (age 8 to 

12 years) living in affected areas of south Florida reported symptom levels consistent with a 

‘probable diagnosis’ of PTSD. At 10 months post-disaster, this proportion declined to about 

18%, representing a substantial decrease but still indicating a significant number of individuals 

with serious mental health issues resulting from the disaster event.” 393

504. In its 2008 report Analyses of the Effects of Global Change on Human Health and 

Welfare and Human Systems, the U.S. EPA made the following statements: “There is a rich body 

of literature detailing the mental health impacts of extreme weather events. Anxiety and 

depression, the most common mental health disorders, can be directly attributable to the 

experience of the event (i.e., being flooded) or indirectly during the recovery process (e.g., 

Gerrity and Flynn, 1997). These psychological effects tend to be much longer lasting and can be 

worse than the physical effects experienced during an event and its immediate aftermath.”394

505. In its 2008 report Analyses of the Effects of Global Change on Human Health and 

Welfare and Human Systems, the U.S. EPA made the following statements: “Extreme events are 

often multi-strike stressors, with stress associated with the event itself; the disruption and 

problems of the recovery period; and the worry or anxiety about the risk of recurrence of the 

event (Tapsell et al., 2002). During the recovery period, mental health problems can arise from 

the challenges associated with geographic displacement, damage to the home or loss of familiar 

possessions, and stress involved with the process of repairing.” 395

506. In its 2008 report Analyses of the Effects of Global Change on Human Health and 

 393 Doc. 341-303 at P00000070569.

394 Doc. 341-409 at P00000090649.

395 Doc. 341-409 at P00000090649.

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Welfare and Human Systems, the U.S. EPA made the following statements: “Communities are an 

integral determinant of human well-being. Climate change that affects public goods—such as 

damaged infrastructure or interruptions in public services—or disrupts the production of goods 

and services, will affect economic performance including overall health, poverty, employment, 

and other measures. These changes may have consequences, such as a lost job or a more difficult 

commute, that affect individual well-being directly. In other cases, individual well-being may be 

indirectly affected due to concern for the well-being of other individuals, or for a lack of 

cohesion within the community. The sustainability or resilience of a community (i.e., its ability 

to cope with climate change and other stressors over the long term) may be reduced by climate 

change weakening the physical and social environment. In the extreme, such changes may 

undermine the individual’s sense of security or faith in government’s capacity to accommodate 

change.” 396 

507. Climate change is likely to be associated with an increase in mental health and stress 

disorders, and neurological diseases and disorders. Answer ¶ 237.

508. In the 1982 report Environmental Societal Consequences of a Possible CO2-induced 

Climate Change: Response of the West Antarctic Ice Sheet to CO2-induced Climatic Warming, 

the Department of Energy made the following statements: “The serious consequences of the ~ 6 

[meter] sea level rise that would occur in the event of a major shrinkage of the West Antarctic ice 

sheet would include flooding of all existing port facilities and other low-lying coastal structures, 

most of the world’s beaches, extensive sections of the heavily farmed and densely populated 

river deltas of the world, and large areas of many of the major cities of the world, which are 

 396 Doc. 341-409 at P00000090717.

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concentrated along coast lines.”397

509. In its September 1983 report Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “Given current uncertainties, an initial effort to estimate the range of 

possible sea level rise concluded that increases of anywhere from about 48 to 380 cm (2 to 12 ft.) 

are possible in the next 120 years ([citation omitted]). An increase of [] even 48 cm could flood 

or cause storm damage to many of the major ports of the world, disrupt transportation networks, 

alter aquatic ecosystems, and cause major shifts in land development patterns.”398

510. A memorandum to President Clinton dated September 15, 1997 from Chair of the 

National Economic Council Gene Sperling, Chair of the Council on Environmental Quality Katie 

McGinty, and Assistant to the President for International Economic Policy Dan Tarullo

contained the following statements: “This increase in carbon concentrations is expected to 

produce an increase in mean global temperature of between 2 and 6.5 degrees Fahrenheit. 

Associated with this increase in temperatures will be a rise in sea levels that will inundate more 

than 9000 square miles in the United States (with Florida and Louisiana most vulnerable).”399

511. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statements: “Coastal populations with greater vulnerability to health impacts from coastal 

flooding include persons with disabilities or other access and functional needs, certain 

populations of color, older adults, pregnant women and children, low-income populations, and 

some occupational groups [High Confidence]. Climate change will increase exposure risk to 

 397 Doc. 341-174 at P00000059162.

398 U.S. EPA, Can We Delay A Greenhouse Warming? 1-7–1-8 (1983). [MIL #1 Exh. 342; Doc. 

299-146; Bates P00000007230- P00000007437, at P00000007256-P00000007257]. 

399 Doc. 341-235 at P00000064374.

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coastal flooding due to increases in extreme precipitation and in hurricane intensity and rainfall 

rates, as well as sea level rise and the resulting increases in storm surge [High Confidence].”400 

512. Scientific assessments of the Intergovernmental Panel on Climate Change (IPCC) and the 

National Academies have projected sea level rise by the end of the next century of 0.26 meters to 

2 meters (depending on the assessment, the emissions scenario, and the response of the 

Greenland and Antarctic ice sheets), and that sea level rise will lead to increases in flooding and 

other damages in coastal and island communities. Answer ¶¶ 214, 243.

513. The United States’ sea levels have risen from glacial and ice cap melting, as well as from 

the thermal expansion of the ocean itself. Answer ¶ 218.

514. The rate of sea level rise over the last decade is faster than the rate over the past century. 

Answer ¶ 218. 

515. Sea level rise has caused increased flooding in many communities the inundation of lowlying lands and beaches, loss of wetlands, and increased salinity of near-coastal estuaries and 

aquifers. Answer ¶¶ 218–19.

516. Approximately 20 square miles of land along the Atlantic Coast were converted to open 

water between 1966 and 2011. Answer ¶ 219. 

517. In 2011, NOAA’s Office of Coast Survey retired 35 place names for islands, bays, 

passes, and ponds that had ceased to exist because of sea level rise.401

518. Relative sea level rise may be higher than the global average in areas with land 

subsidence or changes in ocean currents such as the land around the Gulf of Mexico and the East 

 400 Doc. 341-303 at P00000070446.

401 NOAA, Office of Coast Survey, Historical Geographic Place Names Removed From NOAA 

Charts, https://historicalcharts.noaa.gov/pdfs/HistoricalPlacenames_Louisiana.pdf (last updated 

August 4, 2014). [MIL #1 Exh. 358; Doc. 299-162; Bates P00000018151- P00000018154].

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Coast. Answer ¶ 243. 

519. Coastal states, such as Maryland and Louisiana, are experiencing wetland loss due to 

rising sea levels. Answer ¶ 219. 

520. Arctic sea ice is declining. In 2014, the Arctic sea ice extent for September was 479,000 

square miles below the September average for 1981–2010. Answer ¶ 223. 

521. In 2017, the Arctic sea ice extent for September was 654,000 square miles below the 

1981-2010 average.402

522. Arctic sea ice extent for September 2017 averaged 4.87 million square kilometers (1.88 

million square miles), the seventh lowest in the 1979 to 2017 satellite record. This was 1.67 

million square kilometers (645,000 square miles) below the 1981 to 2010 average.403

523. Non-linear changes in the Greenland and Antarctic ice sheets could contribute to 

additional sea level rise. Answer ¶ 244. 

524. Sea level rise will result in increased erosion and the loss of land. In Washington and 

Oregon, more than 140,000 acres of coastal lands lie within 40 inches in elevation of high tide. 

Answer ¶ 243. 

525. The oceans have absorbed about 28% of the CO2 produced by human activities over the 

past 250 years, leading to an increase in surface ocean acidity of about 30 percent. Answer ¶¶ 

230, 259. 

526. Under some high-emission scenarios, surface ocean waters could be nearly 150 percent 

more acidic, resulting in a rate of change in pH that the oceans likely have not experienced for 

 402 National Snow and Ice Data Center, http://nsidc.org/arcticseaicenews/2017/10/arctic-sea-ice2017-tapping-the-brakes-in-september/ (last visited October 5, 2018).

403 National Snow and Ice Data Center, http://nsidc.org/arcticseaicenews/2017/10/arctic-sea-ice2017-tapping-the-brakes-in-september/ (last visited October 5, 2018).

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more than 100 million years. Answer ¶ 232. 

527. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program: 

“Increased carbon dioxide traps heat as a part of a greenhouse effect, it serves as an insulator that 

keeps heat in the atmosphere. That heat then warms the oceans. . . . [A]bout 93% of the [excess 

heat] is absorbed into the upper oceans. And that’s causing warming of the oceans along with the 

atmosphere.”404

528. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

the amount of ocean warming since preindustrial times “varies geographically” but “normally, 

[there is] about two-thirds [of a degree C] as much warming in the ocean as the atmosphere.”405

529. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

ocean acidification occurs because “[a]s extra carbon dioxide is accumulating in the atmosphere, 

it is being absorbed into the upper ocean. That increase in carbon dioxide interacts with the 

ocean chemistry to make the pH or the amount of hydrogen ions in the water change. [This 

process] drives [the ocean water] from a condition on pH scale from more basic to more 

acidic.”406

530. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“ocean acidification and ocean deoxygenation [are] occurring as a result of primarily the 

emissions of carbon dioxide into the atmosphere.”407

531. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

the value that coral reef ecosystems provide for humans include: “food and livelihoods to over 

 404 Mark Eakin Deposition at 23:2–8.

405 Mark Eakin Deposition at 23:12–17.

406 Mark Eakin Deposition at 23–24:23–27.

407 Mark Eakin Deposition at 24:20–24.

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half a billion people around the world. They’re a major food source. They are a source of drug 

discoveries. They provide breakwaters that protect shorelines, as well as producing beach sand, 

among other things.”408

532. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

people who live in coastal communities in Florida and Hawaii “benefit from the protections that 

reefs provide from storm events and surges.”409

533. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“at least 25 percent of marine fish species are found in coral reefs.”410

534. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“[o]cean warming is harming coral reefs. Ocean acidification has some impact on coral reefs.”411

Answer ¶ 233.

535. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

the single greatest threat to corals globally is “climate change.”412

536. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“current atmospheric carbon dioxide levels of approximately 405 parts per million [are] 

dangerous for coral.”413

537. For major U.S. coral reefs, projections based on a business-as-usual scenario show 

extensive bleaching and dramatic loss of shallow coral cover occurring by 2050, and near 

complete loss by 2100. Answer ¶ 234. 

 408 Mark Eakin Deposition at 53:4–11.

409 Mark Eakin Deposition at 54:6–13.

410 Mark Eakin Deposition at 54:1–5.

411 Mark Eakin Deposition at 25:12–13.

412 Mark Eakin Deposition at 50:3–5.

413 Mark Eakin Deposition at 34–35:25–3.

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538. Under a business-as-usual scenario, Hawaii coral cover is projected to decline from 38% 

(coral cover in 2015) to approximately 5% by 2050, with further declines thereafter. Answer ¶ 

234. 

539. Under a business-as-usual scenario, in Florida and Puerto Rico coral is projected to 

disappear even faster than in Hawaii. Answer ¶ 234. 

540. An increase in surface ocean acidity (and a decrease in aragonite saturation levels), has 

adverse impacts on ocean organisms that use carbonate in their shells and skeletons, placing a 

number of such organisms at risk and impacting larger ecosystems as well. Organisms at risk 

include corals, oysters, clams, scallops, mussels, abalone, crabs, geoducks, barnacles, sea 

urchins, sand dollars, sea stars, sea cucumbers, some single-celled organisms, protists, and 

certain forms of seaweed. Answer ¶¶ 230–31. 

541. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“NOAA consider[s] the impact of carbon dioxide and climate change on our oceans to be 

dangerous.”414

542. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

“the first mass coral bleaching events” occurred “during the 1980s.”415

543. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

mass coral bleaching events were “extremely widespread” in 2016. The bleaching events 

“extended across the Indian Ocean, across the Pacific Ocean, many parts of the Caribbean as 

well.”416

 414 Mark Eakin Deposition at 31:1–4.

415 Mark Eakin Deposition at 33:23–25.

416 Mark Eakin Deposition at 20–21:21–1.

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544. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, in 

2016, coral bleaching was “moderate” in Hawaii, and bleaching in U.S. territories throughout the 

Pacific occurred in varying degrees.417

545. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

coral reefs in the Florida Keys are “substantially degraded.”418

546. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program: 

“Securing a future for coral reefs, including intensively managed ones such as the Great Barrier 

Reef, ultimately requires urgent and rapid action to reduce global warming.”419

547. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

humanity is “in an emergency situation with respect to protecting our oceans.”420

548. Warmer waters in regional estuaries, such as Puget Sound, may contribute to a higher 

incidence of harmful blooms of algae linked to paralytic shellfish poisoning and may result in 

adverse economic impacts from beach closures affecting recreational harvesting of shellfish, 

such as razor clams. Answer ¶ 232.

549. Climate change is associated with increases in hurricane intensity, increased frequency of 

intense storms and heavy precipitation, and that the number of very heavy precipitation events 

has been significantly above average since 1991. Answer ¶ 220. 

550. In his testimony at the May 8, 1989 hearing before the Senate Subcommittee on Science, 

Technology, and Space entitled Climate Surprises, Dr. James Hansen made the following 

statement: “What we find in our climate modeling is that the large-scale warming which all of 

 417 Mark Eakin Deposition at 21:12–14, 23–24.

418 Mark Eakin Deposition at 49:3–6.

419 Mark Eakin Deposition at 68:17–23.

420 Mark Eakin Deposition at 70:19–22.

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the models obtain causes an increased frequency of both extreme droughts and extreme wet 

situations in the model.”421

551. Prolonged heat events in recent years have been the most extreme on record and climate 

change has contributed to these events. Answer ¶ 221. 

552. Heat waves will increase in frequency, severity, and duration with the projected rise in 

average temperatures. Under a higher-emissions scenario, the number of heat-wave days in Los 

Angeles is projected to double, and the number of heat-wave days in Chicago to quadruple, 

resulting in more deaths. Answer ¶ 247. 

553. Across the U.S., nine of the top ten years for extreme one-day precipitation events have 

occurred since 1990. Answer ¶ 220. 

554. There have been and will continue to be changes in the nation’s water cycle as a result of 

climate change, including more winter and spring precipitation in the northern United States. 

Answer ¶ 221. 

555. The average extent of North American snow cover decreased at a rate of about 3,300 

square miles per year between 1972 and 2015, with the largest decreases occurring in spring and 

summer. Answer ¶ 222.

556. As of 2015, the United States snow cover season has become shorter by nearly two 

weeks. Answer ¶ 222.

557. Glaciers have been receding on average within the United States. Answer ¶ 225. 

558. In 2010, the USGS reported that every glacier it studied in the Brooks Range of Northern 

Alaska is in retreat. Answer ¶ 225.

 421 Doc. 341-190 at P00000060592.

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559. Melting of mountain glaciers due to climate change can impact the timing of water flow 

downstream, which can have adverse impacts on water systems and flooding, including for areas 

that rely on snow melt for irrigation and water supply. Reduced snowpack impacts fresh water 

management and supply. Answer ¶ 222, 226.

560. As temperatures warm, areas reliant on snow melt for irrigation and drinking water 

supplies will be impacted, and in the western United States increasing snow melt will increase 

flooding in some mountain watersheds. Answer ¶ 226. 

561. Much of the Northwest’s water is stored naturally in winter snowpack in the mountains. 

Climate change threatens this natural storage by changing the timing of snowmelt and the 

amount of water available in streams and rivers (streamflow) throughout the year, reducing water 

supplies for competing demands. Answer ¶ 249. 

562. By 2050, snowmelt is projected to shift three to four weeks earlier than the 20th century 

average. Answer ¶ 249. 

563. On June 23, 1988, Dr. Syukoro Manabe of NOAA’s Geophysical Fluid Dynamics 

Laboratory, testified in front of the Senate Committee on Energy and Natural Resources and 

made the following statement: “In summary it is likely that severe mid-continental summer 

dryness will occur more frequently with increasing atmospheric temperatures as warming 

becomes larger and larger toward the next century.”422

564. There have been and will continue to be changes in the nation’s water cycle as a result of 

climate change, including less precipitation in the Southwest (and more intense droughts 

 422 Dr. Syukoro Manabe, Geophysical Fluid Dynamics Laborary, National Oceanic and 

Atmospheric Administration, Hearing Before the U.S. Senate Committee on Energy and Natural 

Resources: Part 2, S. Hrg. 100-461 pt. 2, at 107 (June 23, 1988) [MIL #1 Exh. 17; Doc. 299-206; 

Bates P00000036792- P00000037010, at P00000036902].

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projected for the Southwest). Answer ¶¶ 221, 248. 

565. Because of increasing temperatures, as well as changes in variability in some regions, 

drought is expected to increase across most of the central and southern United States––even in 

regions with increasing precipitation. Answer ¶¶ 221, 248. 

566. The Department of Agriculture has projected that, because of climate change: wildfire 

will increase throughout the United States, causing at least a doubling of area burned by the mid21st century.423

567. In the U.S., 72,000 wildfires have been recorded, on average, each year between 1983 

and 2015. Answer ¶ 229. 

568. The Department of Agriculture, through the USFS, has made the following statement: 

“Climate change has led to fire seasons that are now on average 78 days longer than in 1970.”424

569. In its April 1993 report Effects of CO2 and Climate Change on Forest Trees, the EPA 

made the following statement: “Changes in soil conditions due to loss of forest cover could slow 

forest reestablishment. Consequently, there could be a shift in area from forest to non-forest 

vegetation. Fire frequencies are likely to increase in the region given increased temperatures, 

unchanged precipitation and higher potential evapotranspiration.”425

570. In the 2000 report The Impact of Climate Change on America’s Forests: A Technical 

 423 U.S. Dep’t of Agric., Forest Serv., PNW-GTR-870, Effects of Climatic Variability and 

Change on Forest Ecosystems: A Comprehensive Science Synthesis for the U.S. Forest Sector v 

(2012), https://www.usda.gov/oce/climate_change/effects_2012/FS_Climate1114%20opt.pdf. 

[MIL #1 Exh. 61; Doc. 270-23; Bates P00000001791- P00000002072, at P00000001797].

424 U.S. Dep’t of Agric, Forest Serv., The Rising Cost of Wildfire Operations: Effects on the

Forest Service’s Non-Fire Work 2 (2015), https://www.fs.fed.us/sites/default/files/2015-

FireBudget-Report.pdf. [MIL #1 Exh. 56; Doc. 270-18; Bates P00000004767- P00000004782, at 

P00000004768].

425 Doc. 341-220 at P00000062938.

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Document Supporting the 2000 USDA Forest Service RPA Assessment, the U.S. Forest Service 

made the following statement: “Future climate coincident with changes in fire management 

practices and possible forest decline or dieback could bring longer fire seasons and potentially 

more frequent and larger fires in all forest zones (even those that do not currently support 

fire).”426

571. In 1985, 82,591 fires burned 2,896,147 acres on private, state, and federal lands, costing 

the Department of Agriculture $161,505,000 and the Department of the Interior $78,438,000 in 

nominal dollars.427

572. In 2017, 71,499 fires burned 10,026,086 acres on private, state, and federal lands, costing 

the Department of Agriculture $2,410,165,000 and the Department of the Interior $508,000,000 

in nominal dollars.428

573. Climate change and ocean acidification threaten the survival of plants, fish, and wildlife, 

and also threaten biodiversity. Answer ¶ 235. 

574. There is an increase in the risk of species extinctions due to the rate of climate change 

and ocean acidification. Answer ¶ 235.

575. Many species will face changes in abundance, distribution, and species interactions due 

to climate change. Some of these changes will have adverse impacts for ecosystems and humans. 

Answer ¶ 235. 

 426 Doc. 341-240 at P00000064593.

427 Nat’l Interagency Fire Ctr., Federal Firefighting Costs (Suppression Only) (2018),

https://www.nifc.gov/fireInfo/fireInfo_documents/SuppCosts.pdf. [MIL #1 Exh. 57; Doc. 270-

19; Bates P00000005070].

428 Nat’l Interagency Fire Ctr., Federal Firefighting Costs (Suppression Only) (2018),

https://www.nifc.gov/fireInfo/fireInfo_documents/SuppCosts.pdf. [MIL #1 Exh. 57;. 270-19; 

Bates P00000005070].

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576. In its April 1993 report Effects of CO2 and Climate Change on Forest Trees, the EPA 

made the following statement: “Despite the limitations of the expert judgment and models, some 

overall conclusions can be made. Foremost is that the distribution and composition of forests in 

Washington and Oregon could change substantially.”429

577. In its April 1993 report Effects of CO2 and Climate Change on Forest Trees, the EPA 

made the following statement: “In Central Oregon, total forested area is projected to decrease by 

almost half under a 5°C warming.”430

578. In its May 1997 report, Climatic Change in the National Parks, Wildlife Refuges and 

Other Department of Interior Lands in the United States, the Department of Interior made the 

following statement: “[I]t appears the basic vulnerability of DOI lands under these climatic 

conditions may be characterized by species that fail to migrate, fail to adapt, migrate to a lessprotected environment, or are otherwise placed at a competitive disadvantage.”431

579. Under warming conditions, in Alaska there are spruce beetles that mature in one year 

rather than two years. Various beetles have killed millions of hectares of trees across the United 

States. Answer ¶ 227.

580. From 1984 to 2008, wildfire and bark beetles killed trees across 20% of Arizona and New 

Mexico forests.432

581. In the Northwest, summer temperature increases (and in certain basins, increased river 

 429 Doc. 341-220 at P00000062938-P00000062939.

430 Doc. 341-220 at P00000062938-P00000062939.

431 Doc. 341-228 at P00000064228.

432 U.S. Glob. Change Research Program, Climate Change Impacts in the United States: The 

Third National Climate Assessment 468 (2014),

http://s3.amazonaws.com/nca2014/low/NCA3_Climate_Change_Impacts_in_the_United%20Stat

es_LowRes.pdf?download=1. [MIL #1 Exh. 59/38; Doc. 270-21; Bates P00000003301-

P00000004141, at P00000003778].

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flooding and winter flows, and decreased summer flows), will threaten many freshwater species, 

particularly salmon, steelhead, and trout. Rising temperatures will increase disease and mortality 

in several iconic salmon species. Answer ¶ 249. 

582. In its 2016 report Implications for US National Security of Anticipated Climate Change, 

the Department of Defense made the following statement: “Even if climate-induced 

environmental stresses do not lead to conflict, they are likely to contribute to migrations that 

exacerbate social and political tensions, some of which could overwhelm host governments and 

populations. Sudden extreme weather—such as from floods, droughts, and severe tropical 

storms—almost certainly will increase the number of displaced people, particularly in regions 

that are unaccustomed to or unprepared for such events. Rising sea levels and unexpectedly large 

storm surges could threaten small island states and low-lying coastal regions—including many 

megacities—with flooding and saltwater contamination of freshwater. Over 20 years, the net 

effects of climate change on the patterns of global human movement and statelessness could be 

dramatic, perhaps unprecedented. If unanticipated, they could overwhelm government 

infrastructure and resources, and threaten the social fabric of communities.”433

583. In its September 1983 report, Can We Delay A Greenhouse Warming?, the EPA made the 

following statement: “[D]espite adjustments to agricultural practices, some currently productive 

land may no longer be suitable for farming because of significant changes in the length of the 

growing season or in rainfall patterns. Similarly, if water resource planning does not anticipate 

 433 Nat’l Intelligence Council, NIC WP 2016-01, Implications for US National Security of 

Anticipated Climate Change 7 (2016), 

https://www.dni.gov/files/documents/Newsroom/Reports%20and%20Pubs/Implications_for_US

_National_Security_of_Anticipated_Climate_Change.pdf. [MIL #1 Exh. 275; Doc. 299-79; 

Bates P00000019557- P00000019569, at P00000019563] .

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shifts in rainfall patterns, water shortages could reach catastrophic proportions.”434

584. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Protein content of major food crops is very likely to decline significantly as 

atmospheric CO2 concentrations increase to between 540 and 960 parts per million (ppm), the 

range projected by the end of this century.” 435

585. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Rising CO2 levels are very likely to lower the concentrations of essential micro- and 

macroelements such as iron, zinc, calcium, magnesium, copper, sulfur, phosphorus, and nitrogen 

in most plants (including major cereals and staple crops). Ratio of major macronutrients 

(carbohydrates to protein). It is very likely that rising CO2 will alter the relative proportions of 

major macronutrients in many crops by increasing carbohydrate content (starch and sugars) 

while at the same time decreasing protein content. An increase in dietary carbohydrates-toprotein ratio can have unhealthy effects on human metabolism and body mass.” 436

586. Changes in water supply and water quality caused by climate change will impact 

agriculture in the U.S. Climate change may increase the prevalence of parasites and diseases that 

affect livestock, increase the range and distribution of weeds and pests, cause changes in 

precipitation patters and extreme weather events, and reductions in water availability may all 

result in reduced agricultural productivity. Answer ¶ 227. 

 434 U.S. EPA, Can We Delay A Greenhouse Warming? 1-8 (1983). [MIL #1 Exh. 342; Doc. 299-

146; Bates P00000007230- P00000007437, at P00000007257]. 

435 Doc. 341-303 at P00000070543).

436 Doc. 341-303 at P00000070543.

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587. Climate change effects on agriculture will have consequences for food scarcity. Climate 

change is predicted to decrease crop yield, increase crop prices, and decrease the concentrations 

of protein and essential minerals in crops such as wheat and rice, which lowers these crops’ 

nutritional value. Answer ¶ 228. 

588. A study by the EPA estimated that without reductions in GHGs, an estimated 190,000 

inland bridges would be structurally vulnerable because of climate change by the end of the 

century, with an adaptation cost of about $170 billion between 2010 and 2050. The study 

projects that in the Northwest, including Washington and parts of Oregon and Idaho, 56% of 

inland bridges are identified as vulnerable in the second half of the 21st Century. Answer ¶ 252. 

589. A study by the EPA projects that, without reductions in greenhouse gas emissions, 

adaptation costs in 2100 associated with updating urban drainage to handle the 50-year 24-hour 

storm in 50 United States cities are projected to range from $1.1 to $12 billion and that, without 

adaptation, unmitigated climate change is projected to result in $5 trillion in damages for coastal 

property due to sea level rise. Answer ¶ 253. 

590. A study by the EPA projects that, without reductions in GHG emissions, the resulting 

increases in extreme heat would lead to unsuitable working conditions and a large negative 

impact on United States labor hours—specifically, a decrease of 1.8 billion labor hours, with 

about $170 billion in lost wages in 2100. Answer ¶ 254.

591. In 1978, President Carter made the following statement: “America’s hope for energy to 

sustain economic growth beyond the year 2000 rests in large measure on the development of 

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renewable and essentially inexhaustible sources of energy.”437

592. The Department of Energy has acknowledged that high temperatures shut down one 

reactor at Dominion Resources’ Millstone Nuclear Power Station in Connecticut in August 2012 

because the temperature of the intake cooling water, withdrawn from the Long Island Sound, was 

too high—the warmest since operations began in 1970—and exceeded technical specifications of 

the reactor, incurring a loss of 255,000 megawatt-hours of power.438

593. In its initial screening-level assessment of the vulnerability of projects with respect to sea 

level change due to climate change, the U.S. Army Corps of Engineers concluded that 1,431 of 

5,545 Corps projects were prescreened as potentially impacted by sea level change.439

594. USFS’s firefighting suppression costs incurred in 2017 were the highest on record.440

595. The Department of Defense has acknowledged that climate change will affect the

Department of Defense’s ability to defend the Nation and poses immediate risks to U.S. national 

 437 President Jimmy Carter, Golden, Colorado Remarks at the Solar Energy Research Institute on 

South Table Mountain (May 3, 1978), http://www.presidency.ucsb.edu/ws/print.php?pid=30746 

[MIL #1 Exh. 9; Doc. 299-198; Bates P00000030545- P00000030547, at P00000030545].

438 Craig Zamuda, et al., U.S. Dep’t of Energy, DOE/PI-0013, U.S. Energy Sector Vulnerabilities 

to Climate Change and Extreme Weather (2013). [MIL #1 Exh. 82; Doc. 270-44; Bates 

P00000017302- P00000017385, at P00000017312].

439 U.S. Army Corps of Eng’rs, Screening-Level Assessment of Projects with Respect to Sea 

Level Change i (2015), 

http://www.corpsclimate.us/docs/CESL_Screening_level_assessment_sea_level_change_JUN_2

015.pdf. [MIL #1 Exh. 276; Doc. 299-80; Bates P00000019290- P00000019313, at 

P00000019291]; Climate Preparedness and Resilience: Climate Change Adaptation, 

CorpsClimate http://www.corpsclimate.us/ccaceslcurves.cfm (last visited May 6, 2018) [MIL #1 

Exh. 277; Doc. 299-81; Bates P00000019920- P00000019921].

440 Forest Service Wildland Fire Suppression Costs Exceed $2 Billion, U.S. Dep’t of Agric. 

(Sept. 14, 2017), https://www.usda.gov/media/press-releases/2017/09/14/forest-service-wildlandfiresuppression-costs-exceed-2-billion. [MIL #1 Exh. 58; Doc. 270-20; Bates P00000007079-

P00000007081, at P00000007079].

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security.441

596. The National Intelligence Council found that climate change is likely to pose wideranging national security challenges for the United States and other countries over the next 20 

years through threats to the stability of other countries.442

597. A May 1990 report from the United States Naval War College, Global Climate Change 

and Implications for the United States Navy, contained the following statement: “Naval 

operations in the coming half century may be drastically affected by the impact of global climate 

change.443

598. A May 1990 report from the United States Naval War College, Global Climate Change 

and Implications for the United States Navy, contained the following statement: “[W]ithin the 

Department of the Navy (DON), there is a significant requirement to consider the effects of 

global warming and climate change within their long term policy and plans.”444

599. In a survey of nearly 3,500 domestic military sites conducted by Department of Defense, 

 441 Dep’t of Defense, 2014 Climate Change Adaptation Roadmap 1 (2014), 

https://www.acq.osd.mil/EIE/Downloads/CCARprint_wForward_e.pdf. [MIL #1 Exh. 312; Doc. 

299-116; Bates P00000019221- P00000019240, at P00000019223]. 

442 Nat’l Intelligence Council, NIC WP 2016-01, Implications for US National Security of 

Anticipated Climate Change 3 (2016), 

https://www.dni.gov/files/documents/Newsroom/Reports%20and%20Pubs/Implications_for_US

_National_Security_of_Anticipated_Climate_Change.pdf. [MIL #1 Exh. 275; Doc. 299-79; 

Bates P00000019557- P00000019569, at P00000019559].

443 The U.S. Naval War College, Global Climate Change and Implications for the United States 

Navy (May 1990), 

http://documents.theblackvault.com/documents/weather/climatechange/globalclimatechangenavy.pdf. [Doc. 299-103; Bates P00000035548- P00000035634, at P00000035557].

444 The U.S. Naval War College, Global Climate Change and Implications for the United States 

Navy (May 1990), 

http://documents.theblackvault.com/documents/weather/climatechange/globalclimatechangenavy.pdf. [MIL #1 Exh. 316/299; Doc. 299-120; Bates P00000035548- P00000035634, at 

P00000035565].

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about 50% of respondents stated that their site faces risks from impacts associated with climate 

change.445

600. In 2005, after leading the initial campaigns in Afghanistan and Iraq, Secretary of Defense 

(then General) James Mattis called on the Department of Defense to “unleash us from the tether 

of fuel.”446

601. The Joint Operating Environment 2010 report issued by the United States Joint Forces 

Command on February 18, 2010 included climate change as one of the ten trends most likely to 

impact the Joint Forces.447

602. In its Climate Change Roadmap dated April 2010, the U.S. Navy made the following 

statement: “Climate change is a national security challenge with strategic implications for the 

Navy.”448

603. In its 2010 Quadrennial Defense Review Report, the Department of Defense made the 

following statements: “While climate change alone does not cause conflict, it may act as an 

accelerant of instability or conflict, placing a burden to respond on civilian institutions and 

 445 U.S. Dep’t of Def., Climate-Related Risk to DoD Infrastructure: Initial Vulnerability 

Assessment Survey (SLVAS) Report 2 (2018), 

https://climateandsecurity.files.wordpress.com/2018/01/tab-b-slvas-report-1-24-2018.pdf. [MIL 

#1 Exh. 280; Doc. 299-84; Bates P00000019827- P00000019858, at P00000019830].

446 U.S. Dep’t of Defense, News Transcript, DOD News Briefing with Deputy Secretary Lynn 

and Assistant Secretary Burke from the Pentagon on the DOD Operational Energy Strategy, 

http://archive.defense.gov/transcripts/transcript.aspx?transcriptid=4840 (last visited May 30, 

2018). [MIL #1 Exh. 318; Doc. 299-122; Bates P00000020264- P00000020268, at 

P00000020265].

447 U.S. Joint Forces Command, The Joint Operating Environment 2010, at 32 (2010), 

https://fas.org/man/eprint/joe2010.pdf. [MIL #1 Exh. 285; Doc. 299-89; Bates P00000018694-

P00000018769, at P00000018727]. 448 U.S. Navy, Climate Change Roadmap (April 2010), 

http://www.navy.mil/navydata/documents/CCR.pdf. [MIL #1 Exh. 320; Doc. 299-124;; Bates 

P00000018770- P00000018797, at P00000018774].

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militaries around the world. In addition, extreme weather events may lead to increased demands 

for defense support to civil authorities for humanitarian assistance or disaster response both 

within the United States and overseas.”449

604. In its January 2013 Report, Assessing Impacts of Climate Change on Coastal Military 

Installations: Policy Implications, the Department of Defense Strategic Environmental Research 

and Development Program made the following statement: “Climate change will have serious 

implications for the ability of the Department of Defense (DOD) to maintain its natural and built 

infrastructure and to ensure military readiness.”450

605. At the Halifax International Security Forum on November 22, 2013, former Secretary of 

Defense Chuck Hagel made the following statement: “Climate change does not directly cause 

conflict, but it can significantly add to the challenges of global instability, hunger, poverty, and 

conflict. Food and water shortages, pandemic disease, disputes over refugees and resources, 

more severe natural disasters – all place additional burdens on economics, societies, and 

institutions around the world.”451

606. In its 2014 Quadrennial Defense Review Report, the Department of Defense made the 

following statements: “The impacts of climate change may increase the frequency, scale, and 

 449 U.S. Dep’t of Def., Quadrennial Defense Review Report 85 (2010), 

https://www.defense.gov/Portals/1/features/defenseReviews/QDR/QDR_as_of_29JAN10_1600.

pdf. [MIL #1 Exh. 288; Doc. 299-92; Bates P00000018566- P00000018693, at P00000018673].

450 U.S. Dep’t of Defense, Strategic Environmental Research & Development Program, 

Assessing Impacts of Climate Change on Coastal Military Installations: Policy Implications 

(January 2013), https://climateandsecurity.files.wordpress.com/2014/01/serdp-coastalassessment-white-paper_january-2013.pdf. [MIL #1 Exh. 317; Doc. 299-121; Bates 

P00000018994- P00000019061, at P00000019004].

451 Dep’t of Def., Secretary of Defense Speech, Halifax Int’l Security Forum (DoD Arctic 

Strategy) (Nov. 22, 2013), http://archive.defense.gov/Speeches/Speech.aspx?SpeechID=1821 

(last visited May 17, 2018). [MIL #1 Exh. 313; Doc. 299-117; Bates P00000020260-

P00000020263, at P00000020260].

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complexity of future missions, including defense support to civil authorities, while at the same 

time undermining the capacity of our domestic installations to support training activities. Our 

actions to increase energy and water security, including investments in energy efficiency, new 

technologies, and renewable energy sources, will increase the resiliency of our installations and 

help mitigate these effects.”452

607. In its report 2014 Climate Change Adaptation Roadmap, the Department of Defense 

made the following statements: “Among the future trends that will impact our national security is 

climate change. Rising global temperatures, changing precipitation patterns, climbing sea levels, 

and more extreme weather events will intensify the challenges of global instability, hunger, 

poverty, and conflict. They will likely lead to food and water shortages, pandemic disease, 

disputes over refugees and resources, and destruction by natural disasters in regions across the 

globe.”453

608. In its 2015 report National Security Implications of Climate-Related Risks and a 

Changing Climate, the Department of Defense reported to Congress that it “sees climate change 

as a present security threat, not strictly a long-term risk.”454

 452 U.S. Dep’t of Def., Quadrennial Defense Review 2014, at VI (2014), 

https://www.defense.gov/Portals/1/features/defenseReviews/QDR/2014_Quadrennial_Defense_

Review.pdf. [MIL #1 Exh. 289; Doc. 299-93; Bates P00000019062- P00000019149, at 

P00000019073].

453 U.S. Dep’t of Def., 2014 Climate Change Adaptation Roadmap (2014), 

https://www.acq.osd.mil/eie/Downloads/CCARprint_wForward_e.pdf (foreword by former 

Defense Secretary Chuck Hagel). [MIL #1 Exh. 290; Doc. 299-94; Bates P00000019221-

P00000019240, at P00000019222].

454 U.S. Dep’t of Def., Response to Congressional Inquiry on National Security Implications of 

Climate-Related Risks and a Changing Climate 14 (2015), 

http://archive.defense.gov/pubs/150724-congressional-report-on-national-implications-ofclimate-change.pdf?source=govdelivery. [MIL #1 Exh. 291; Doc. 299-95; Bates P00000019276-

P00000019289, at P00000019289].

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609. The 2015 National Security Strategy identified climate change as one of the top strategic 

risks to U.S. national interests.455

610. On September 21, 2016, the National Intelligence Council made the following statement 

in its memorandum, Implications for US National Security of Anticipated Climate Change (NIC 

WP 2016-01): “At present, the growing implications for humans of extreme weather events 

suggest that climate-change related disruptions are well underway.”456

611. In Executive Order 13045: Protection of Children from Environmental Health Risks and 

Safety Risks issued in 1997, President Clinton ordered “each Federal agency” to “make it a high 

priority to identify and assess environmental health risks and safety risks that may 

disproportionately affect children” and to “ensure that its policies, programs, activities, and 

standards address disproportionate risks to children that result from environmental health risks or 

safety risks.”457

612. In its 2009 report to Congress Second National Assessment: Global Climate Change 

Impacts in the United States, the U.S. Global Change Research Program made the following 

statement: “[c]ertain groups, including children, the elderly, and the poor, are most vulnerable to 

a range of climate-related health effects.”458

 455 President of the United States, National Security Strategy 2 (2015), http://nssarchive.us/wpcontent/uploads/2015/02/2015.pdf. [MIL #1 Exh. 14; Doc. 299-118; Bates P00000019186-

P00000019220, at P00000019188].

456 Nat’l Intelligence Council, NIC WP 2016-01, Implications for US National Security of 

Anticipated Climate Change 13 (2016), 

https://www.dni.gov/files/documents/Newsroom/Reports%20and%20Pubs/Implications_for_US

_National_Security_of_Anticipated_Climate_Change.pdf. [MIL #1 Exh. 279; Doc. 299-83; 

Bates P00000019557- P00000019569, at P00000019569].

457 Doc. 341-227 at P00000064222.

458 U.S. Global Change Research Program, Second National Assessment: Global Climate Change 

Impacts in the United States 89 (2009), 

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613. In its 2013 report America’s Children and the Environment, the EPA made the following 

statements: “Climate change is likely to change the timing, frequency, and intensity of extreme 

weather events, including heat waves, hurricanes, heavy rainfall, droughts, high coastal waters, 

and storm surges. These events can cause traumatic injury and death, as well as emotional 

trauma. Extreme weather events are also associated with increased risk of food- and water-borne 

illnesses as sanitation, hygiene, and safe food and water supplies are often compromised after 

these types of events. One study found that periods of heavy rainfall were associated with 

increased emergency room visits for gastrointestinal illness among children. Heavy rainfall may 

result in flooding, which can lead to contamination of water with dangerous chemicals, heavy 

metals, or other hazardous substances from storage containers or from preexisting chemical 

contamination already in the environment. Elevated temperatures and low precipitation are also 

projected to increase the size and severity of wildfires. This can lead to increased eye and 

respiratory illnesses and injuries, which include burns and smoke inhalation. Extreme weather 

events can be especially dangerous for children because they are dependent on adults for care 

and protection.”459

614. In its 2013 report America’s Children and the Environment, the EPA made the following 

statements: “Children are expected to be especially sensitive to the effects of climate change for 

a number of reasons. Young children and infants are particularly vulnerable to heat-related 

illness and death. Compared with adults, children have higher breathing rates, spend more time 

outside, and have less developed respiratory tracts—all making children more sensitive to air 

 

https://downloads.globalchange.gov/usimpacts/pdfs/climate-impacts-report.pdf [MIL #1 Exh. 35; 

Doc. 299-224; Bates P00000034774- P00000034969 at P00000034866].

459 EPA, America’s Children and the Environment 106 (3rd ed. 2013). [MIL #1 Exh. 376; Doc. 

299-180; Bates P00000035044- P00000035115, at P00000035157].

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pollutants. Additionally, children have immature immune systems, meaning that they can 

experience more serious impacts from infectious diseases. The greatest impacts are likely to fall 

on children in poor families, who lack the resources, such as adequate shelter and access to air 

conditioning, to cope with climate change.”460

615. In its 2016 document Climate Change and the Health of Children, the EPA made the 

following statement: “Children are especially vulnerable to the impacts of climate change 

because of (1) their growing bodies; (2) their unique behaviors and interactions with the world 

around them; and (3) their dependency on caregivers.”461

616. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Children are at particular risk for distress, anxiety, and other adverse mental health 

effects in the aftermath of an extreme event.” 462 

617. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Significantly more children than adults have shown continued PTSD symptoms more 

than two years post-disaster, and, in general, children are more likely to be impaired by a 

disaster. Chronic stress from the acute and ongoing impacts of climate change may alter 

biological stress response systems and make growing children more at risk for developing mental 

health conditions later in life, such as anxiety, depression, and other clinically diagnosable 

 460 EPA, America’s Children and the Environment 107 (3rd ed. 2013). [MIL #1 Exh. 376; Doc. 

299-180; Bates P00000035044- P00000035115, at P00000035158].

461 U.S. EPA, EPA 430-F-16-055, Climate Change and the Health of Children (May 2016). [MIL 

#1 Exh. 340/356; Doc. 299-144/299-160; Bates P00000026353- P00000026356, at 

P00000026353].

462 Doc. 341-303 at P00000070570.

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disorders.” 463

618. In the 2016 report The Impacts of Climate Change on Human Health in the United 

States: A Scientific Assessment, the U.S. Global Change Research Program made the following 

statement: “Nearly 6.8 million children in the United States are affected by asthma, making it a 

major chronic disease of childhood.”464

619. The federal government has never set enforceable climate stabilization targets for 

atmospheric CO2 parts per million concentrations.

620. The federal government has never set enforceable climate stabilization targets for 

temperatures above pre-industrial temperatures.

621. Current actions by the United States will not achieve global atmospheric CO2 levels of 

350 ppm by the end of the century. Answer ¶ 261.

622. According to Dr. C. Mark Eakin, Coordinator for NOAA’s Coral Reef Watch program, 

NOAA believes, as “the result of scientific investigations, analysis, and conclusions that the 350 

parts per million was near the upper limit of what allowed corals reefs to grow and continue in a 

healthy manner,” but it has not set a threshold target of atmospheric concentrations of carbon 

dioxide.465

623. On September 12, 1986, the Senate Committee on Environment and Public Works sent a 

letter to Lee Thomas, Administrator of the EPA, that made the following statement: “The 

purpose of this letter is to formally request that EPA undertake two studies on climate change 

due to the greenhouse effect and submit them to Congress no later than March 31, 1988.”466

 463 Doc. 341-303 at P00000070570.

464 Doc. 341-303 at P00000070428.

465 Mark Eakin Deposition at 32–33:22–5; 79–80:24–13.

466 Doc. 341-179 at P00000059785.

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624. On September 12, 1986, the Senate Committee on Environment and Public Works sent a 

letter to Lee Thomas, Administrator of the EPA, that made the following statements: “One of the 

studies we are requesting should examine the health and environmental effects of climate 

change. This study should include, but not be limited to, the potential impacts on agriculture, 

forests, wetlands, human health, rivers, lakes and estuaries as well as other ecosystems and social 

impacts.”467

625. On September 12, 1986, the Senate Committee on Environment and Public Works sent a 

letter to Lee Thomas, Administrator of the EPA, that made the following statements: “The other 

study should include an examination of the policy options that, if implemented, would stabilize 

current levels of atmospheric greenhouse gas emissions. This study should address: the need for 

and implications of significant changes in energy policy, including energy efficiency and 

development of alternatives to fossil fuel; reductions in the use of CFC’s; ways to reduce other 

greenhouse gases such as methane and nitrous oxides; as well as the potential for and effects of 

reducing deforestation and increasing reforestation efforts. It should include a series of policy 

options and recommendations for concrete steps to be taken along with a discussion of the 

potential effectiveness of each for limiting climate change. Since the United States must take a 

leadership role in addressing these global problems, the policy options that you develop should 

include a specific plan for what the United States can do to stabilize its share of greenhouse gas 

emissions as well as a plan for helping other nations to achieve comparable levels of control.”468

626. On December 23, 1986, after three days of hearings on the “greenhouse effect,” the 

Senate Committee on Environment and Public Works sent a letter to Dr. John Gibbons, 

 467 Doc. 341-179 at P00000059786.

468 Doc. 341-179 at P00000059786.

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Executive Director of the U.S. Congress Office of Technology Assessment that made the 

following statement: “The testimony convincingly portrayed a fundamentally altered planet, with 

shifts in ocean circulation and climate zones; altered precipitation and storm patterns; more 

frequent and extreme weather events such as droughts, monsoons, and lowland floods. 

Individually and collectively, these changes bring about others, ranging from disruption of forest, 

crop, and ocean productivity to shifts in populations.”469

627. On December 23, 1986, after three days of hearings on the “greenhouse effect,” the 

Senate Committee on Environment and Public Works sent a letter to Dr. John Gibbons, 

Executive Director of the U.S. Congress Office of Technology Assessment that made the 

following statement: “We are deeply troubled by the prospect of such a rapid and unprecedented 

change in the composition of the atmosphere and its implications for the human and natural 

worlds. It may be necessary to act soon to at least slow these trends or, perhaps, halt them 

altogether.”470

628. On December 23, 1986, after three days of hearings on the “greenhouse effect,” the 

Senate Committee on Environment and Public Works sent a letter to Dr. John Gibbons, 

Executive Director of the U.S. Congress Office of Technology Assessment that made the 

following statement: “We therefore request that the Office of Technology Assessment undertake 

a study for the Committee on Environment and Public Works of policy options that, if enacted, 

could lead to the stabilization and minimization of greenhouse gases in the atmosphere.”471

 469 Letter to John Gibbons, Executive Director of U.S. Congress Office of Technology 

Assessment (Dec. 23, 1986) (to be filed with Plaintiffs’ Third Motion in Limine).

470 Letter to John Gibbons, Executive Director of U.S. Congress Office of Technology 

Assessment (Dec. 23, 1986) (to be filed with Plaintiffs’ Third Motion in Limine).

471 Letter to John Gibbons, Executive Director of U.S. Congress Office of Technology 

Assessment (Dec. 23, 1986) (to be filed with Plaintiffs’ Third Motion in Limine).

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629. In a letter from Frederick Bernthal of the National Science Foundation to IPCC Chairman 

Bert Bolin dated July 5, 1990, Mr. Bernthal made the following statement: “Stabilization of 

atmospheric carbon dioxide concentrations can be achieved by either a 60-80% reduction in 

anthropogenic emissions, or an increase in natural sinks by 2-3%.”472

630. In December 1990, the EPA submitted a report to Congress entitled Policy Options for 

Stabilizing Global Climate, which “present[ed] possible future scenarios of greenhouse gas 

emissions to the year 2100 depending on the level of response as well as many other independent 

factors. The results demonstrate[d] that greenhouse gas emissions can be effectively reduced.”473

631. In its December 1990 report to Congress entitled Policy Options for Stabilizing Global 

Climate, the EPA made the following statement: “The adoption of policies to limit emissions on 

a global basis, such as simultaneous pursuit of energy efficiency, non-fossil energy sources, 

reforestation, the elimination of CFCs and other measures, could reduce the rate of warming 

during the 21st century by 60% or more. Even under these assumptions, the Earth could 

ultimately warm by 1-4°C or more relative to pre-industrial times. Extremely aggressive policies 

to reduce emissions would be necessary to ensure that total warming is less than 2°C.”474

632. In the Office of Technology Assessment’s (OTA) 1991 report to Congress Changing by 

Degrees: Steps to Reduce Greenhouse Gases, the OTA made the following statements: “[T]here 

is debate here as to whether and when a freeze or a 20-percent reduction in U.S. greenhouse gas 

emissions could be achieved in the near-term. A 20-percent reduction in U.S. CO2 emissions 

 472 Doc. 341-201 at P00000061321.

473 U.S. EPA, Policy Options for Stabilizing Global Climate xxiii (1989). [MIL #1 Exh. 335/351; 

Doc. 299-139/299-155; Bates P00000007909- P00000008481, at P00000007930].

474 U.S. EPA, Policy Options for Stabilizing Global Climate VI-I (1989). [MIL #1 Exh. 335/351; 

Doc. 299-139/299-155; Bates P00000007909- P00000008481, at P00000008308].

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would represent a 3-percent decline in current worldwide emissions of CO2 and less than a 2-

percent decline in current worldwide emissions of all greenhouse gases. More importantly, 

however, even if a 20-percent cut by all developed Nations could be achieved, it would not be 

enough to stabilize the atmosphere at today’s level, let alone to reduce greenhouse gases to preindustrial levels. To stabilize the atmosphere, the [IPCC and EPA] suggest, would require much 

more––up to an 80-percent global reduction in CO2 emissions from current levels as well as 

significant reductions in the other greenhouse gases. To achieve this under the combined 

pressures of economic and population growth, nonfossil fuel technologies such as solar or 

nuclear power would be needed to replace much of today’s fossil fuel use.”475

633. In 1991, in its Twenty-Third Annual Report, the CEQ made the following statements: 

“The United States presented initial elements of its national action plan at negotiating sessions 

for the U.N. Framework Convention on Climate Change in 1991 and added further measures in 

May 1992. These actions will limit net greenhouse gas emissions in the year 2000 to 6-11 

percent below baseline projections, a limited increase of 1-6 percent above 1990 levels.”476

634. In its April 1993 report Effects of CO2 and Climate Change on Forest Trees, the EPA 

made the following statements: “Due to anthropogenic emissions, the atmospheric concentration 

of CO2 is increasing at the rate of about 1.8ppm/year (0.5%/year) [citation omitted]. Using a 

linear rate of CO2 increase (1.8 ppm/year) and several multiplicative rates we have projected the 

increase in atmospheric CO2 concentrations over time [figure omitted]. . . .To maintain the 

atmospheric concentration at the present level, CO2 emissions would need to be reduced 

 475 Office of Technology Assessment, Changing by Degrees: Steps to Reduce Greenhouse Gases 

5 (1991). [MIL #1 Exh. 22; Doc. 299-211; Bates P00000033358- P00000033716, at 

P00000033372].

476 Doc. 341-219 at P00000062591.

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immediately by at least 70% [citation omitted]. This magnitude of reduction is unlikely in the 

short-term, consequently, we can expect the atmospheric concentration of CO2 to increase. 

However, the magnitude of the expected increase is dependent on various policy options.”477

635. In remarks made on October 22, 1997 before the National Geographic Society, President 

Clinton made the following statements: “[T]he United States proposes at Kyoto that we commit 

to the binding and realistic target of returning to emissions of 1990 levels between 2008 and 

2012. And we should not stop there. We should commit to reduce emissions below 1990 levels 

in the five-year period thereafter, and we must work toward further reductions in the years ahead 

. . . . We must find new resolve to achieve these reductions, and to do that we simply must 

commit to binding limits.”; “I also want to emphasize, however, that most of the technologies 

available for meeting this goal through market mechanisms are already out there - we simply 

have to take advantage of them.”478

636. To fulfill the obligations of the Kyoto Protocol, “the United States would have to cut its 

emissions by about 7 percent from the 1990 level over the next 10 to 15 years [2008-2012]. 

Emissions have been steadily increasing since 1990, making that target very ambitious.”479

637. In June 2001, President George W. Bush withdrew the United States from the Kyoto 

Protocol.480

638. In an undated U.S. Department of State Memorandum entitled PRD-12/Global Climate 

Change Policy Decision Paper, the author made the following statements: “The [1992 

Framework Convention on Climate Change’s] ultimate objective is to stabilize atmospheric 

 477 Doc. 341-220 at P00000062944.

478 Doc. 341-237 at P00000064415, P00000064417.

479 Doc. 341-331 at P00000073792; see also Doc. 299-216 (Kyoto Protocol).

480 Doc. 341-245 at P00000064753.

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greenhouse gas concentrations at a level that would prevent dangerous human interference with 

climate. Because of the long-lifetime of many greenhouse gases in the atmosphere, an effort to 

stabilize atmospheric concentrations would require dramatic (60 percent) reductions in current 

greenhouse gas emissions.”481

639. In 2002, President George W. Bush made the following statements: “My administration 

is committed to cutting our Nation’s greenhouse gas intensity, how much we emit per unit of 

economic activity, by 18 percent over the next 10 years. This will set America on a path to slow 

the growth of our greenhouse gas emissions and, as science justifies, to stop and then reverse the 

growth of emissions.”482

640. In his Remarks on Energy and Climate Change delivered on April 16, 2008, President 

George W. Bush made the following statements: “I’ve put our Nation on a path to slow, stop, 

and eventually reverse the growth of our greenhouse gas emissions. In 2002, I announced our 

first step: to reduce America's greenhouse gas intensity by 18 percent through 2012. I'm pleased 

to say that we remain on track to meet this goal even as our economy has grown 17 percent” and 

announced that “today I’m announcing a new national goal: to stop the growth of U.S. 

greenhouse gas emissions by 2025.”483

641. “In 2009, President Obama made a pledge that by 2020, America would reduce its 

greenhouse gas emissions in the range of 17 percent below 2005 levels if all other major 

 481 U.S. Dep’t of State, PRD-12/Global Climate Change Policy Decision Paper at 1 (n.d.). [MIL 

#1 Exh. 129/19; Doc. 270-91; Bates P00000029864-P00000029871, at P00000029864].

482 President George W. Bush, Remarks Announcing the Clear Skies and Global Climate Change 

Initiatives in Silver Spring, Maryland (Feb. 14, 2002), 

http://www.presidency.ucsb.edu/ws/index.php?pid=73200 [MIL #1 Exh. 32; Doc. 299-221; 

Bates P00000034732- P00000034735, at P00000034733].

483 Doc. 341-343 at P00000073856.

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economies agreed to limit their emissions as well.”484

642. In the 2011 report Climate Stabilization Targets: Emissions, Concentrations, and Impacts 

over Decades to Millennia, the National Research Council made the following statements: 

“Future stabilization targets correspond to altered states of Earth’s climate that would be nearly 

irreversible for many thousands of years, even long after anthropogenic greenhouse gas 

emissions ceased. The capacity to adapt to slow changes is generally greater than for near-term 

rapid climate change, but different stabilization levels can lock the Earth and many future 

generations of humans into large impacts that can occur very slowly over time, such as the 

melting of the polar ice sheets; similarly, some stabilization levels could prevent such 

changes.”485

643. In the 2011 report Climate Stabilization Targets: Emissions, Concentrations, and 

Impacts over Decades to Millennia, the National Research Council made the following 

statements: “Moreover, emissions reductions larger than about 80% (relative to whatever peak 

global emission rate may be reached) are required to approximately stabilize carbon dioxide 

concentrations for a century or so at any chosen target level (e.g., 450 ppmv, 550 ppmv, 650 

ppmv, 750 ppmv, etc.). Even greater reductions in emissions would be required to maintain 

stabilized concentrations in the longer term.”486

644. In the Office of Technology Assessment’s (OTA) 1991 report to Congress Changing by 

Degrees: Steps to Reduce Greenhouse Gases, the OTA made the following statements: “OTA 

also identified an energy conservation, energy-supply, and forest-management package that can 

 484 Doc. 341-10 at P00000040221.

485 Doc. 341-288 at P00000069141.

486 Doc. 341-288 at P00000069141.

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achieve a 20- to 35-percent emissions reduction. This package is labeled OTA’s ‘Tough’ 

scenario. While difficult to achieve, major technological breakthroughs are not needed.”487

645. In its 1991 National Energy Strategy, the U.S. Department of Energy developed a 

strategy for reducing greenhouse gas emissions through “(1) greater use of renewable energy and 

nuclear power and improved energy efficiency in both the electricity and the transportation 

sectors; and (2) other actions already taken by the United States (for example, the Clean Air Act 

Amendments of 1990).” 488

646. In its 1991 National Energy Strategy, the U.S. Department of Energy made the following 

statement: “With all of these initiatives, the United States’ contribution to potential global 

warming would, in the National Energy Strategy scenario, remain at or below present levels for 

the foreseeable future.”489

647. In its 1997 Report of the Council on Environmental Quality delivered to Congress, the 

CEQ reported on the Framework Convention on Climate Change: “The largely voluntary targets 

created by the 1992 Framework Convention proved insufficient. By the end of 1997, emissions 

had increased in all but a few developed nations and prospects for meeting the year 2000 target 

were poor. In July 1996, the United States announced its support for a framework based on 

“realistic, verifiable, and binding” medium-term targets. In December 1997, at the third 

Conference of the Parties to the Framework Convention in Kyoto, Japan, more than 160 nations 

 487 Office of Technology Assessment, Changing by Degrees: Steps to Reduce Greenhouse Gases 

5 (1991). [MIL #1 Exh. 22; Doc. 299-211; Bates P00000033358- P00000033716, at 

P00000033372].

488 Dep’t of Energy, National Energy Strategy: Powerful Ideas for America 19 (1991) [MIL #1 

Exh. 20; Doc. 299-209; Bates P00000033222- P00000033357, at P00000033233].

489 Dep’t of Energy, National Energy Strategy: Powerful Ideas for America 19 (1991) [MIL #1 

Exh. 20; Doc. 299-209; Bates P00000033222- P00000033357, at P00000033233].

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produced a Protocol to the convention. Under the Protocol, industrialized nations agreed to 

reduce their aggregate emissions of a “basket” of six greenhouse gases by at least 5 percent 

below 1990 levels in the period 2008-2012.”490

648. Stabilizing atmospheric CO2 concentrations will require deep reductions in CO2

emissions. Answer ¶ 208.

649. In its 1979 report The Good News About Energy, the Council on Environmental Quality 

stated it “is concerned about the possible environmental impacts of continuing our historically 

high rates of energy growth. Projected to the turn of the century, these impacts could prove 

unacceptable to a major segment of the American people. Spurred by this concern, we undertook 

several months ago to investigate the potential for achieving lower energy growth in the United 

States and the implications of this low energy growth for the economy, the environment and 

government policy.”491

650. In its 1979 report The Good News About Energy, the Council on Environmental Quality 

made the following statements: “the United States can do well, indeed prosper, on much less 

energy than has been commonly supposed. The principal basis for this good news is the 

accumulating evidence that the means are available to wring far more consumer goods and 

services out of each unit of fuel that we use, whether it be a barrel of oil or a ton of coal or 

uranium. The technology to increase greatly the productivity of the U.S. energy system is at 

hand. It is also economical. Improved housing construction can save the homeowner several 

dollars for every dollar judiciously invested in making the house more energy efficient. 

 490 Council on Envt’l Quality, Environmental Quality: The 1997 Report of the Council on 

Environmental Quality 202–03 (1998), https://ceq.doe.gov/docs/ceq-reports/ceq-annual-report1997.pdf [MIL #1 Exh. 26; Doc. 299-215; Bates P00000034026- P00000032393].

491 Doc. 341-160 at P00000057240.

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Automobile users can economically reduce fuel costs by 50 percent or more by selecting vehicles 

with more efficient designs. Waste heat recovery systems available to industry today can often 

provide a 30 to 50 percent per year return on investment.”492

651. In its 1979 report The Good News About Energy, the Council on Environmental Quality

advised that government initiatives could greatly increase energy productivity to limit the growth 

of energy usage, including energy pricing at its replacement cost; removing institutional barriers 

and market imperfections that inhibit cost-effective investments in energy conservation; 

mandatory requirements for energy efficiency, support for research and development for energy 

efficiency; and public education regarding energy conservation.493

652. In a 1985 report, the Department of Energy made the following statement: “The citizens 

of today’s nations have the responsibility for the stewardship of all the Earth, including their 

actions which may affect its climate. . . . Through research, as we look towards the 21st century, 

the application of science will ensure that the additional understanding required for nurturing our 

planet Earth will be developed.”494

653. In the 1990 report Global Warming: Emission Reductions Possible as Scientific 

Uncertainties Are Resolved, the U.S. General Accounting Office (now the Government

Accountability Office) made the following statement: “EPA agrees that there are many 

opportunities for reducing the emission of greenhouse gases at low costs, including opportunities 

to improve energy efficiency and to increase the use of renewable energy.”

495

 492 Doc. 341-160 at P00000057240.

493 Doc. 341-160 at P00000057244. 494 Dep’t of Energy, Detecting the Climatic Effects of Increasing Carbon Dioxide, at vii (1985). 

[MIL #1 Exh. 15; Doc. 299-204; Bates P00000032917- P00000033145, at P00000032926].

495 Doc. 341-204 at P00000061455.

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654. In the 1990 report Global Warming: Emission Reductions Possible as Scientific 

Uncertainties Are Resolved, the U.S. General Accounting Office (now the Government 

Accountability Office) made the following statement: “we found that certain actions, such as 

improvements in energy efficiency, have benefits in addition to reducing greenhouse gas 

emissions and could be implemented now.”496

655. In the 1990 report Global Warming: Emission Reductions Possible as Scientific 

Uncertainties Are Resolved, the U.S. General Accounting Office (now the Government 

Accountability Office) made the following statement: “EPA agrees that there are many 

opportunities for reducing the emission of greenhouse gases at low costs, including opportunities 

to improve energy efficiency and to increase the use of renewable energy.”

497

656. In a 1991 report to Congress, Changing by Degrees: Steps to Reduce Greenhouse Gases, 

the Office of Technology Assessment identified the following “major options available or likely 

to be available for reducing CO2 emissions in the near-term:” “increasing energy conservation 

and efficiency in end-use technologies”; “changing use patterns to conserve energy”; and 

“shifting energy supply away from high CO2 emitting fuels,” and that “[a]dditional options to 

offset CO2 emissions are primarily forestry-related or agricultural.”498

657. The 1998 Kyoto Protocol, to which the United States is a signatory (and ratified), 

provided numerous options for state parties to reduce their carbon emissions, including: 

“Enhancement of energy efficiency in relevant sectors of the national economy”; “Protection and 

 496 Doc. 341-204 at P00000061455.

497 Doc. 341-204 at P00000061457.

498 Office of Technology Assessment, Changing by Degrees: Steps to Reduce Greenhouse Gases 

11 (1991). [MIL #1 Exh. 22; Doc. 299-211; Bates P00000033358- P00000033716, at 

P00000033379].

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enhancement of sinks and reservoirs of greenhouse gases”; “Promotion of sustainable forms of 

agriculture”; “Research on, and promotion, development and increased use of, new and 

renewable forms of energy [and] carbon dioxide sequestration technologies”; “Progressive 

reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and 

subsidies in all greenhouse gas emitting sectors”; “Encouragement of appropriate reforms in 

relevant sectors aimed at promoting policies and measures which limit or reduce emissions of 

greenhouse gases”; “Measures to limit and/or reduce emissions of greenhouse gases . . . in the 

transport sector”; and “Limitation and/or reduction of methane emissions through recovery and 

use in waste management, as well as in the production, transport and distribution of energy.”499

658. On April 22, 2016, former Secretary of Commerce Penny Pritzker made the following 

statements: “Our American firms are ideally suited to create the future industries, new business, 

and advanced supply chains the world needs to meet the climate challenge. Put simply, 

addressing climate change could be one of the greatest economic opportunities of our time. I am 

confident that no country is more ready to lead than the United States.”500

659. The Department of Transportation has recognized that reducing greenhouse gas 

“emissions to mitigate climate change will require a long-term, multifaceted transformation of 

our transportation sector” in the United States.501

 499 United Nations, Kyoto Protocol to the United Nations Framework Convention on Climate 

Change (1998). [MIL #1 Exh. 27; Doc. 299-216; Bates P00000029955- P00000029975, at 

P00000029957].

500 Penny Pritzker, Secretary of Commerce, Op-Ed: Why Addressing Climate Change Makes 

Good Business Sense, Dep’t of Commerce, Office of Pub. Affairs (Apr. 22, 2016 1:05 PM), 

https://www.commerce.gov/news/opinion-editorials/2016/04/op-ed-why-addressing-climatechange-makes-good-business-sense. [MIL #1 Exh. 369; Doc. 299-173; Bates P00000018167-

P00000018173, at P00000018170]. 

501 U.S. Dep’t of Transp., Research, Development, and Technology Strategic Plan: FY 2017–

2021, at 6 (2016), https://www.transportation.gov/sites/dot.gov/files/docs/USDOT-RD%26TCase 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 159 of 182
PLAINTIFFS’ PROPOSED PRETRIAL ORDER 160

660. As early as 1978 and no later than 1980, the Department of Energy was preparing a “Plan 

for a National Program on Carbon Dioxide, Environment and Society which outlines institutional 

management and inter-agency coordination required for a national CO2 program.”502

661. In its September 1983 report, Can We Delay A Greenhouse Warming, the EPA made the 

following statements: “Only a ban on coal instituted by 2000, would effectively slow the rate of 

temperature change and delay a 2oC change until 2055. A ban on both coal and shale oil would 

delay it an additional 10 years––until 2065.”503

662. In its September 1983 report Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “Policy options that involve bans on fossil fuels could significantly reduce 

the warming by 2100. A ban on coal would reduce the temperature rise in 2100 from 5oC to 

3.4oC; when coupled with a ban on shale oil, the total projected warming would be cut in half (to 

2.5oC).”504

663. In its September 1983 report Can We Delay A Greenhouse Warming?, the EPA made the 

following statements: “A worldwide ban on coal (and thus coal-derived synfuels) instituted by 

2000 would reduce temperature change by 30% (from 5oC to 3.5oC). Together, a ban on shale oil 

and coal would reduce the projected warming in 2100 from 5oC to 2.5oC. Bans on shale oil alone 

or synfuels alone would be less effective. A 100% worldwide tax would reduce warming by less 

 

Strategic-Plan-Final-011117.pdf. [MIL #1 Exh. 144; Doc. 270-106; Bates P00000026778-

P00000026909, at P00000026787].

502 US Dep’t of Energy, DOE/EV-0094, 1 Carbon Dioxide Effects Research and Assessment 

Program: The Global Carbon Cycle and Climatic Effects of Increasing Carbon Dioxide (1980). 

[MIL #1 Exh. 79; Doc. 270-41; Bates P00000010000- P00000010099, at P00000010005].

503 U.S. EPA, Can We Delay A Greenhouse Warming?, at v (September 1983). [MIL #1 Exh. 

342; Doc. 299-146; Bates P00000007230- P00000007437, at P00000007245].

504 U.S. EPA, Can We Delay A Greenhouse Warming? 7-3 (1983). [MIL #1 Exh. 342; Doc. 299-

146; Bates P00000007230- P00000007437, at P00000007397]. 

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than 1.0oC in 2100.”505

664. In February 1985, the Department of Energy reported that the goal of the agency’s 

Carbon Dioxide Research Program was “to identify possible policy options for government 

action in response to effects of increased CO2.”506

665. In its 1991 paper Policy Implications of Greenhouse Warming, the National Academy of 

Sciences’ Committee on Science, Engineering, and Public Policy made the following statements: 

“This analysis suggests that the United States could reduce its greenhouse gas emissions by 

between 10 and 40 percent of the 1990 level at very low cost. Some reductions may even be at a 

net savings if the proper policies are implemented.”507

666. In a 1991 report to Congress, the Office of Technology Assessment made the following 

statements: “financial options . . . such as a carbon tax or fossil fuel energy tax” and “subsidy for 

renewable energy” are measures to encourage use of nonfossil fuel sources.508

667. In a 1992 assessment of the Department of Energy’s National Energy Strategy, the 

General Accounting Office (now Government Accountability Office) made the following 

statement: “The Strategy also makes little effort to reflect in energy prices all the costs to society 

of obtaining and using energy, such as the adverse environmental costs of relying on fossil 

fuels.”509

 505 U.S. EPA, Can We Delay A Greenhouse Warming? vii (1983). [MIL #1 Exh. 342; Doc. 299-

146; Bates P00000007230- P00000007437, at P00000007247]. 

506 Michael R. Riches & Frederick A. Koomanoff, Overview of the Department of Energy 

Carbon Dioxide Research Program, 66 Am. Meteorological Soc’y 152 (1985). [MIL #1 Exh. 80; 

Doc. 270-42; Bates P00000017171- P00000017177, at P00000017171].

507 Doc. 341-207 at P00000062194.

508 Office of Technology Assessment, Changing by Degrees: Steps to Reduce Greenhouse Gases 

109 (1991). [MIL #1 Exh. 22; Doc. 299-211; Bates P00000033358- P00000033716, at 

P00000033475].

509 Doc. 341-216 at P00000062314.

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668. In 1992, the United States became a party to the United Nations Framework Convention 

on Climate Change, the stated objective of which was “to achieve, in accordance with the 

relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the 

atmosphere at a level that would prevent dangerous anthropogenic interference with the climate 

system. Such a level should be achieved within a time frame sufficient to allow ecosystems to 

adapt naturally to climate change, to ensure that food production is not threatened and to enable 

economic development to proceed in a sustainable manner.”510

669. In an October 21, 1994 draft of an EPA-designed CO2 cap and trading option sent to 

Mike Toman of President Clinton’s Council of Economic Advisers, the EPA made the following 

statements: “A CO2 cap with emissions trading provides perhaps the most economically efficient 

mechanism possible for achieving emission reduction goals, irrespective of the level of the 

target.”511

670. In a memorandum to EPA Administrator Carol M. Browner dated April 10, 1998, EPA 

General Counsel Johnathan Z. Cannon made the following statements: “EPA’s regulatory 

authority under the Clean Air Act extends to air pollutants, which, as discussed above, are 

defined broadly under the Act and include SO2, NOx, CO2, and mercury emitted into the 

ambient air. EPA has in fact already regulated each of these substances under the Act, with the 

exception of CO2. While CO2 emissions are within the scope of EPA's authority to regulate, the 

Administrator has made no determination to date to exercise that authority under the specific 

criteria provided under any provision of the Act.”512

 510 United Nations, United Nations Framework Convention on Climate Change 4 (1992). [MIL 

#1 Exh. 23; Doc. 299-212; Bates P00000033717- P00000033741, at P00000033721].

511 Doc. 341-224 at P00000063843.

512 Doc. 31-238 at P00000064425.

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671. In remarks made on February 22, 2001 to The Business Council, EPA Administrator 

Christine Todd Whitman made the following statements: “We will establish mandatory reduction 

targets for emissions of sulfur dioxide, nitrogen oxide, mercury, and carbon dioxide, but we will 

also provide market-based incentives, such as carbon reduction credits and emissions trading, to 

help achieve those reductions.”513

672. The Department of the Interior has considered that a fixed, global carbon budget may 

require purposefully limiting U.S. oil production.514

673. In July 2012, the FAA released an Aviation Environmental and Energy Policy statement 

that set a goal of limiting the impact of aircraft CO2 emissions on the global climate by achieving 

carbon neutral growth by 2020 compared to 2005, and net reductions of the climate impact from 

all aviation emissions over the longer term (by 2050).515

674. In Domestic Policy Review of Solar Energy, a 1978 report resulting from a review 

commissioned by President Carter by more than 30 federal departments and agencies, the Solar 

Energy Policy Committee wrote: “Widespread use of solar energy is also hindered by Federal 

and state policies and market imperfections that effectively subsidize competing energy sources. 

These policies include Federal price controls on oil and gas, a wide variety of direct and indirect 

subsidies, and utility rate structures that are based on average, rather than marginal costs. Also, 

 513 Doc. 341-243 at P00000064738.

514 E. Wolvovsky & W. Anderson, U.S. Dep’t of the Interior, Bureau of Ocean Energy Mgmt.,

BOEM 2016-065, OCS Oil and Natural Gas: Potential Lifecycle Greenhouse Gas Emissions and 

Social Cost of Carbon 36 (2016), https://www.boem.gov/OCS-Report-BOEM-2016-065/. [MIL 

#1 Exh. 258; Doc. 299-62; Bates P00000024501- P00000024556].

515 Fed. Aviation Admin., Aviation Environmental and Energy Policy Statement 4 (2012), 

https://www.faa.gov/about/office_org/headquarters_offices/apl/environ_policy_guidance/policy/

media/FAA_EE_Policy_Statement.pdf. [MIL #1 Exh. 187; Doc. 270-149; Bates P00000026466-

P00000026474, at P00000026470].

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the market system fails to reflect the full social benefits and costs of competing energy sources, 

such as the costs of air and water pollution. If solar energy were given economic parity with 

conventional fuels through the removal of the subsidies, its market position would be 

enhanced.”516

675. In Domestic Policy Review of Solar Energy, a 1978 report resulting from a review 

commissioned by President Carter by more than 30 federal departments and agencies, the Solar 

Energy Policy Committee wrote: “Widespread use of solar energy is also hindered by Federal 

and state policies and market imperfections that effectively subsidize competing energy sources. 

These policies include Federal price controls on oil and gas, a wide variety of direct and indirect 

subsidies, and utility rate structures that are based on average, rather than marginal costs. Also, 

the market system fails to reflect the full social benefits and costs of competing energy sources, 

such as the costs of air and water pollution. If solar energy were given economic parity with 

conventional fuels through the removal of the subsidies, its market position would be 

enhanced.”517

676. In 1978, the CEQ found that solar could meet a quarter of U.S. energy needs by the year 

2000 and that, unlike coal, “solar poses little risk to climate and creates little direct air 

pollution.”518

677. In its 1979 report The Good News About Energy, the Council on Environmental Quality 

predicted that, by 2000, renewable energy would consist of 19 quads (over 20% of total U.S. 

 516 Doc. 341-499 at P00000112044.

517 Doc. 341-499 at P00000112044.

518 Council on Envt’l Quality, Solar Energy: Progress and Promise 2 (1978) [MIL #1 Exh. 8; 

Doc. 299-197; Bates P00000030487- P00000030544, at P00000030494].

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energy mix), up from 4.2 quads in 1977.519

678. In an address to Congress on June 20, 1979, President Carter made the following 

statements: “More than ever before, we can see clearly the dangers of continued excessive 

reliance on oil for our long-term future security. Our energy problem demands that we act 

forcefully to diversify our energy supplies, to make maximum use of the resources we have, and 

to develop alternatives to conventional fuels. Past governmental policies to control the prices of 

oil and natural gas at levels below their real market value have impeded development and use of 

solar and renewable resource alternatives. Both price controls and direct subsidies that the 

government has provided to various existing energy technologies have made it much more 

difficult for solar and renewable resource technologies to compete.”520

679. In an address to Congress on June 20, 1979, President Carter made the following 

statements: “The government-wide survey I commissioned concluded that many solar 

technologies are available and economical today. These are here and now technologies ready for 

use in our homes, schools, factories, and farms.”521

680. In an address to Congress on June 20, 1979, President Carter made the following 

statements: “We should commit ourselves to a national goal of meeting one fifth—20%-of our 

energy needs with solar and renewable resources by the end of this century. This goal sets a high 

standard against which we can collectively measure our progress in reducing our dependence on 

oil imports and securing our country's energy future. It will require that all of us examine 

carefully the potential solar and renewable technologies hold for our country and invest in these 

 519 Doc. 341-160 at P00000057267.

520 Doc. 341-162 at P00000057519.

521 Doc. 341-162 at P00000057520.

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systems wherever we can.”522

681. In May 1990, the Department of Energy’s Solar Energy Research Institute (now the 

National Renewable Energy Lab) made the following statements: “Appropriate technology is 

available, but the optimum system (e.g., wind, solar or nuclear energy for electric power, solar 

thermal energy for domestic hot water, etc.) depends on geographic location and end use.”523

682. In May 1990, the Department of Energy’s Solar Energy Research Institute (now the 

National Renewable Energy Lab) made the following statements: “In view of the long lead time 

required for conservation and renewable technologies to be brought into the energy infrastructure 

on a large scale, policies that can be justified on their own merit and also reduce greenhouse-gas 

emissions should be initiated as soon as possible. There is a risk in delaying such actions since 

the costs of reducing CO2 emissions are likely to increase if the urgency for their implementation 

should grow.”524

683. In the September 1990 report The Economics of Long-Term Global Climate Change: A 

Preliminary Assessment, the Department of Energy made the following statements: “It is 

important to recognize, however, that elimination of coal-mining jobs gradually over time does 

not necessarily imply increased general unemployment, in the case of an expanding economy 

though there may be persistent regional problems. A shift to other energy sources would create 

jobs.”525

684. Until 2010, there was not a single commercial solar energy project on or under 

 522 Doc. 341-162 at P00000057520.

523 Doc. 341-198 at P00000061264, P00000061289.

524 Doc. 341-198 at P00000061264, P00000061289.

525 Doc. 341-203 at P00000061374.

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development on federal lands.526

685. In early 1989, the Department of Energy’s Assistant Secretary for Environment, Safety 

and Health initiated a study by the National Academy of Sciences and the National Academy of 

Engineering to evaluate the potential of alternative energy systems to affect greenhouse gas 

emissions and to evaluate the current state of research and development of these systems.527

686. In a 1997 study, the Department of Energy made the following statement:“a vigorous 

national commitment to develop and deploy energy-efficient and low-carbon technologies has 

the potential to restrain the growth in U.S. energy consumption and carbon emissions such that 

levels in 2010 are close to those in 1997 (for energy) and 1990 (for carbon).”528

687. In its May 2011 Strategic Plan, the Department of Energy made the following statements: 

“American leadership in the clean energy revolution is essential to future economic 

competitiveness. Regrettably, the United States has lost its lead in many of the energy 

technologies that we developed.”

529

688. In its May 2011 Strategic Plan, the Department of Energy made the following statements: 

“With the right government policies and effective RDD&D programs, the United States can lead 

 526 Dep’t of the Interior, New Energy Frontier, at DH-30 (2012),

https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/FY2013_BIB_DH027.pdf. 

[MIL #1 Exh. 259; Doc. 299-63; Bates P00000020743- P00000020756, at P00000020746]. 

527 U.S. Dep’t of Energy, Office of Technology Policy, Office of Policy, Planning and Analysis, 

Inventory of DOE Global Climate Change Programs 1989-1990 Update (March 1989). [Doc. 

341-581 at P00000119794].

528 Dep’t of Energy, Office of Energy Efficiency and Renewable Energy, Scenarios of U.S. 

Carbon Reductions: Potential Impacts of Energy Technologies by 2010 and Beyond (1997), 

https://www.osti.gov/biblio/ 814844- scenarios-carbon- reductions-potential-impacts-energyefficient-low-carbon-technologies-beyond [MIL #1 Exh. 30; Doc. 299-219; Bates 

P00000033773- P00000034025, at P00000033776].

529 U.S. Dep’t of Energy, Strategic Plan (2011). [MIL #1 Exh. 105; Doc. 270-67; Bates 

P00000029877- P00000029936, at P00000029889].

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the clean energy revolution.”530

689. On January 12, 2017, at his nomination hearing before the U.S. Senate Committee on 

Armed Services to be Secretary of the Department of Defense, James Mattis made the following 

statement in response to the question, “If confirmed, what will you do to unleash the Department 

from the tether of fuel?”: “The Department’s acquisition process should explore alternate and 

renewable energy sources that are reliable, cost effective, and can relieve the dependence of 

deployed forces on vulnerable fuel supply chains to better enable our primary mission to win in 

conflict. The purpose of such efforts should be to increase the readiness and reach of our 

forces.”531

690. In its 2014 Strategic Plan, the Department of Energy made the following statement: 

“Although domestic oil production has increased to the extent that in 2012 net imports of 

petroleum fell to their lowest level in nearly 20 years, we must continue our efforts to develop 

alternative fuels and vehicles as we are far from decoupling our economy from the global oil 

market.”532

691. The Department of Interior has identified sites on public land suitable for renewable 

energy development.533

 530 U.S. Dep’t of Energy, Strategic Plan (2011). [MIL #1 Exh. 105; Doc. 270-67; Bates 

P00000029877- P00000029936, at P00000029889].

531 Nomination Hearing: James Mattis, Secretary of Defense, Committee on Armed Services, 

U.S. Senate, One Hundred Fiftheenth Congress, First Session (January 12, 2017), 

https://www.armed-services.senate.gov/hearings/17-01-12-confirmation-hearing_-mattis. [MIL 

#1 Exh. 319; Doc. 299-123; Bates P00000019570- P00000019625, at P00000019623].

532 U.S. Dep’t of Energy, DOE/CF-0067, Strategic Plan 2014-2018 (2014), 

https://www.energy.gov/sites/prod/files/2014/04/f14/2014_dept_energy_strategic_plan.pdf. 

[MIL #1 Exh. 106; Doc. 270-68; Bates P00000011148- P00000011179, at P00000011150].

533 Dep’t of the Interior, New Energy Frontier, at DH-30 to DH-32 (2012),

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692. Electric vehicles typically use less than half the energy and produce fewer than half the 

CO2 emissions than the average gasoline-powered vehicle, even when upstream emissions from 

power generation are taken into account.534

693. The Department of Transportation has estimated that in 2025, the net energy security 

benefits of plug-in electric vehicles “would be approximately $1,000–$2,000 per vehicle, in 2013 

dollars, reflecting the combined benefits of reduced oil prices and protection from the negative 

impacts of oil supply disruption”.535

694. The Department of Transportation has recognized that electric vehicles are capable of 

serving the needs of almost 99% of household vehicle trips.536

695. More than half a million electric vehicles were sold between 2012 and 2016 in the United 

States.537

696. In 2016, the Department of Transportation reported that since 1990, hybrid electric 

 

https://www.doi.gov/sites/doi.opengov.ibmcloud.com/files/uploads/FY2013_BIB_DH027.pdf. 

[MIL #1 Exh. 259; Doc. 299-63; Bates P00000020743- P00000020756, at P00000020746-

P00000020748].

534 Siddiq Khan & Shruti Vaidyanathan, Strategies for Integrating Electric Vehicles into the Grid 

1 (2018); U.S. Dep’t of Transp., Fed. Highway Admin., FHWA-HEP-15-021, Feasibility and 

Implications of Electric Vehicle (EV) Deployment and Infrastructure Development 1 (2015), 

https://www.fhwa.dot.gov/environment/sustainability/energy/publications/ev_deployment/fhwah

ep15021.pdf. [MIL #1 Exh. 160; Doc. 270-122; Bates P00000027264- P00000027313, at 

P00000027271].

535 U.S. Dep’t of Transp., Fed. Highway Admin., FHWA-HEP-15-021, Feasibility and 

Implications of Electric Vehicle (EV) Deployment and Infrastructure Development viii (2015), 

https://www.fhwa.dot.gov/environment/sustainability/energy/publications/ev_deployment/fhwah

ep15021.pdf. [MIL #1 Exh. 161; Doc. 270-123; Bates P00000026517- P00000026757, at 

P00000026529].

536 U.S. Dep’t of Transp., Fed. Highway Admin., FHWA NHTS Brief: Electric Vehicle 

Feasibility 1 (2016), https://nhts.ornl.gov/briefs/EVFeasibility20160701.pdf. [MIL #1 Exh. 163; 

Doc. 270-125; Bates P00000028370- P00000028373, at P00000028370]. 

537 Siddiq Khan & Shruti Vaidyanathan, Strategies for Integrating Electric Vehicles into the Grid 

1 (2018). [MIL #1 Exh. 164/160/162; Doc. 270-126; Bates P00000027264- P00000027313, at 

P00000027271].

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vehicles and electric vehicles have grown to nearly 3% of the U.S. market for new vehicles but, 

with petroleum prices low, the sale of these alternative fueled vehicles in the United States has 

decreased and sales of pickup trucks and SUVs have increased.538

697. In its October 1967 report, The Automobile and Air Pollution: A Program for Progress, 

the U.S. Department of Commerce made the following statement: “The Federal Government 

should continue to set standards for all harmful automotive emissions, and realistic timetables for 

the achievement of such standards.”539

698. In the December 1990 report to Congress, Policy Options for Stabilizing Global Climate, 

the EPA made the following statement: “50 mile per gallon automobiles are technically feasible 

with currently available technology. Further improvements could increase fuel efficiency to more 

than 80 miles per gallon.”540

699. In the September 1990 report The Economics of Long-Term Global Climate Change: A 

Preliminary Assessment, the Department of Energy made the following statements: “Further 

increases in the CAFE standard are technically feasible and would likely reduce CO2 emissions; 

estimates of the costs of such increases are controversial.”541

700. In its 1992 report Energy Policy: Options to Reduce Environmental and Other Costs of 

Gasoline Consumption, the General Accounting Office (now Government Accountability Office) 

made the following statement: “Higher CAFE standards combined with a fee-rebate program or 

 538 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Transportation Statistics Annual Report 

175 (2016), https://www.bts.gov/sites/bts.dot.gov/files/docs/TSAR_2016.pdf. [MIL #1 Exh. 165; 

Doc. 270-127; Bates P00000026910- P00000027155, at P00000027096].

539 Doc. 341-151 at P00000054207.

540 U.S. EPA, Policy Options for Stabilizing Global Climate VI-1 (1990). [Doc. 299-139/299-

155; Bates P00000007909- P00000008481, at P00000008120].

541 Doc. 341-203 at P00000061376.

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a higher gasoline tax could increase the demand for more fuel-efficient vehicles.”542

701. In its 1992 report Energy Policy: Options to Reduce Environmental and Other Costs of 

Gasoline Consumption, the General Accounting Office (now Government Accountability Office) 

made the following statements: “Many economists believe that the price of gasoline does not 

sufficiently reflect the external costs of gasoline consumption. The Council of Economic 

Advisors reported to the President last year that national security and environmental 

considerations are given inadequate weight by the private market forces that determine energy 

prices. The National Academy of Sciences suggested a policy of increasing fuel prices to 

internalize associated costs and provide a market signal ‘to channel consumer behavior in a 

direction consistent with societal objectives.’”543

702. In its 1992 report Energy Policy: Options to Reduce Environmental and Other Costs of 

Gasoline Consumption, the General Accounting Office (now Government Accountability Office) 

made the following statements: “higher gasoline tax, a tax on vehicles’ tailpipe emissions, 

subsidies for alternative fuels, higher fuel economy standards for new vehicles, a fee-rebate 

program whereby consumers receive a rebate for the purchase of new vehicles that operate more 

efficiently and pollute less and pay a surcharge for the purchase of vehicles that are less fuelefficient and pollute more, and a program that financially rewards people who voluntarily scrap 

older vehicles.”544

703. The Department of Transportation’s NHTSA establishes fuel economy standards. Answer 

¶ 189. 

 542 Doc. 341-218 at P00000062413.

543 Doc. 341-218 at P00000062375.

544 Doc. 341-218 at P00000062375.

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704. The Department of Transportation has established fuel economy standards and fuel 

efficiency standards, and the EPA has established standards for emissions of greenhouse gases 

(including CO2) from certain new motor vehicles and engines. Answer ¶ 189.

705. Fuel economy standards and fuel efficiency standards can reduce CO2 emissions. Answer 

¶ 189.

706. The Department of Transportation has acknowledged that when fuel efficiency standards 

are raised, automakers respond by creating more fuel-efficient vehicles “which improves our 

nation’s energy security and saves consumers money at the pump, while also reducing 

greenhouse gas emissions.”545

707. Fuel economies of passenger cars and light trucks have closely tracked the CAFE 

standards since the CAFE standards took effect in 1978.546

708. A vehicle’s fuel economy is affected by tire rolling resistance, therefore, fuel saving 

could be achieved by reducing tire rolling resistance.547

709. Defendant Department of Transportation has stated that new fuel efficiency standards 

“can achieve significant reductions in carbon emissions from transportation by decreasing the 

 545 Corporate Average Fuel Economy (CAFE) Standards, U.S. Dep’t of Transp., 

https://www.transportation.gov/mission/sustainability/corporate-average-fuel-economy-cafestandards (last visited Apr. 25, 2018). [MIL #1 Exh. 151; Doc. 270-113; Bates P00000028468-

P00000028470, at P00000028468].

546 U.S. Dep’t of Transp., Bureau of Transp. Statistics, Transportation Statistics Annual Report 

183 (2016), https://www.bts.gov/sites/bts.dot.gov/files/docs/TSAR_2016.pdf. [MIL #1 Exh. 155; 

Doc. 270-117; Bates P00000026910- P00000027155, at P00000027104].

547 U.S. Dep’t of Transp., Nat’l Highway Traffic Safety Admin., DOT HS 811 119, NHTSA Tire 

Fuel Efficiency Consumer Information Program Development: Phase 1 – Evaluation of 

Laboratory Test Protocols 1 (2009), 

https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/fmvss/Laboratory_Test_Protocols.pdf. [#1 Exh. 

166; Doc. 270-128; Bates P00000026357- P00000026460, at P00000026374].

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amount of carbon consumed per mile of travel.”548

710. The Department of Agriculture, through agencies including the Forest Service, provides 

assistance in managing billions of acres of farm, ranch, and forest lands through public and 

private partnerships.549

711. In the September 1990 report The Economics of Long-Term Global Climate Change: A 

Preliminary Assessment, the Department of Energy made the following statements: “A number 

of changes in agricultural programs that would have other benefits can be expected to assist in 

reducing emission of greenhouse gases. These include reducing commodity price support levels, 

encouraging additional tree planting, and conservation cross compliance.”550

712. In its 1995 report Climate Change Mitigation Strategies in the Forest and Agriculture 

Sectors, the EPA made the following statement: “Because vegetation and soil contain about three 

times as much carbon as the atmosphere, terrestrial ecosystems offer an opportunity to absorb 

 548 U.S. Dep’t of Transp., Transportation’s Role in Reducing U.S. Greenhouse Gas Emissions: 

Volume 1 Synthesis Report ES-9 (2010) (report to Congress). [MIL #1 Exh. 132; Doc. 270-94; 

Bates P00000028491- P00000029095, at P00000028515].

549 Jane A. Leggett, Cong. Research Serv., R43915, Climate Change Adaptation by Federal 

Agencies: An Analysis of Plans and Issues for Congress 34 (2015),

http://nationalaglawcenter.org/wp-content/uploads//assets/crs/R43915.pdf. [MIL #1 Exh. 39; 

Doc. 270-1; Bates P00000004358- P00000004461, at P00000004396]; U.S. Dep’t of Agric., 

Forest Serv., FS-957b, National Roadmap for Responding to Climate Change 6 (2011), 

https://www.fs.fed.us/climatechange/pdf/Roadmapfinal.pdf. [MIL #1 Exh. 47; Doc. 270-9; Bates 

P00000000986- P00000001017, at P00000000993]; U.S. Dep’t of Agric., Forest Serv., The U.S. 

Forest Service – An Overview 9 (2008),

https://www.fs.fed.us/sites/default/files/media/types/publication/field_pdf/USFSoverview0106MJS.pdf. [MIL #1 Exh. 42; Doc. 270-4; Bates P00000005071- P00000005122]; 

U.S. Dep’t of Agric., Forest Serv., FS-383, Land Areas of the National Forest System 1

(2012), https://www.fs.fed.us/land/staff/lar/LAR2011/LAR2011_Book_A5.pdf . [MIL #1 Exh. 

41; Doc. 270-3; Bates P00000001268- P00000001532]; Carol Hardy Vincent et al., Cong. 

Research Serv., R42346, Federal Land Ownership: Overview and Data (2017), 

https://fas.org/sgp/crs/misc/R42346.pdf. [MIL #1 Exh. 43/191/193/269; Doc. 270-5; Bates 

P00000005006- P00000005033].

550 Doc. 341-203 at P00000061376.

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and store (sequester) a significant additional amount of CO2 from the atmosphere.”551

713. In September 1990, EPA issued a report, Response and Feedbacks of Forest Systems to 

Global Climate Change, EPA/600/3-90/080, that made the following statement: “Forests and 

other terrestrial components of the biosphere, such as agroecosystems, can be managed to 

sequester carbon and contribute to mitigation efforts.”552

714. In April 1991, EPA issued a report, Sequestering Carbon in Soils: A Workshop to 

Explore the Potential for Mitigating Global Climate Change, EPA 600/3-91/031 that made the 

following statement: “Currently there is about 1.5 billion hectares of cropland (World Resources 

Institute, 1990). Conservation tillage could be implemented on many of these soils, thereby 

reducing soil carbon losses and converting these soils from sources of atmospheric carbon to 

sink. Additionally, with proper management carbon could be restored to many other carbondepleted soils. In the tropics, there is an estimated 865 million hectares of deforested and 

abandoned land that could be is [sic] potentially available for afforestation (Houghton, 1990). If 

reforested, these systems would withdraw approximately 1.5 Pg carbon a year from the 

atmosphere sequestering it in soils and vegetation over the next century.”553

715. In February 1992, EPA issued a report, Global Methane Emissions from Livestock and 

Poultry Manure, EPA/400/1-91/048 that made the following statement: “As part of the overall 

 551 EPA & USFS, EPA 230-R-95-002, Climate Change Mitigation Strategies in the Forest and 

Agriculture Sectors ES-1 (1995). [MIL #1 Exh. 78; Doc. 270-40; Bates P00000000001-

P00000000084, at P00000000015].

552 U.S. EPA, EPA/600/3-90/080, Response and Feedbacks of Forest Systems to Global Climate 

Change xii (1990). [MIL #1 Exh. 336/352; Doc. 299-140/299-156; Bates P00000025185-

P00000025353, at P00000025197].

553 U.S. EPA, EPA 600/3-91/031, Sequestering Carbon in Soils: A Workshop to Explore the 

Potential for Mitigating Global Climate Change v (1991). [MIL #1 Exh. 337/353; Doc. 299-

141/299-157; Bates P00000025927- P00000026026, at P00000025936].

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strategy to identify options for stabilizing global methane concentrations, emissions inventories 

are being prepared and opportunities for reducing methane emissions are being identified and 

evaluated by the U.S. Environmental Protection Agency and others.”554

716. In the 2000 report The Impact of Climate Change on America’s Forests: A Technical 

Document Supporting the 2000 USDA Forest Service RPA Assessment, the U.S. Forest Service 

made the following statements: “Future climate coincident with changes in fire management 

practices and possible forest decline or dieback could bring longer fire seasons and potentially 

more frequent and larger fires in all forest zones (even those that do not currently support 

fire).”555

717. On June 26, 1969, the U.S. Bureau of the Budget (the precursor to OMB) released 

Circular A-94 that prescribes the discount rates and procedures for all government projects and 

programs with measurable costs or benefits extending 3 years or more.556

718. On March 27, 1972, the OMB issued a Revised Circular A-94 that prescribes a “10 

percent” discount rate “to be used for evaluations of programs and projects subject to the 

guidance of this Circular.” 557

 554 Doc. 299-341 at P00000026035.

555 Doc. 341-240 at P00000064687.

556 U.S. Bureau of the Budget, Circular A-94, “Discount Rates and Procedures to Be Used in 

Evaluating Deferred Costs and Benefits” (June 26, 1969), [Dkt. 341-578; Bates P00000119244-

P00000119250].

557 U.S. Office of Management and Budget, Circular A-94, “Discount Rates to Be Used in 

Evaluating Time-distributed Costs and Benefits” 4 (Mar. 27, 1972), 

https://stacks.stanford.edu/file/druid:rv089pp2037/OMBCircular94.pdf. [Dkt. 341-510; Bates 

P00000113432-P00000113437].

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719. On March 27, 1972, the OMB issued a Revised Circular A-94 that makes the following 

statement: “The prescribed discount rate of 10 percent represents an estimate of the average rate 

of return on private investment, before taxes and after inflation.”558

720. In 1992, OMB issued a new Circular A-94, “provid[ing] specific guidance on the 

discount rates to be used in evaluating Federal programs whose benefits and costs are distributed 

over time.”559

721. In 1992, OMB issued a new Circular A-94 that includes the following statement“[t]his 

rate [discount rate of 7 percent] approximates the marginal pretax rate of return on an average 

investment in the private sector in recent years.”560

722. On January 11, 1996, OMB issued a “best practices” document “for preparing the 

economic analysis of regulatory actions required by the Executive Order [12866, Regulatory 

Planning and Review],” which includes the following statements: 

Intergenerational analysis. Comparisons of benefits and costs across generations raise 

special questions about equity, in addition to conventional concerns about efficiency. One 

approach to these questions is to follow the discounting procedures described above and 

to address equity issues explicitly rather than through modification of the discount rate. 

An alternative approach is to use a special social rate of time preference when conducting 

intergenerational analyses in order to properly value changes in consumption in different 

generations. For example, one philosophical perspective is that the social marginal rate of 

substitution between the wellbeing of members of successive generations may be less 

than the individual rate of time preference, and that future generations should not have 

their expected welfare discounted just because they come later in time. Instead, this view 

 558 Id.

559 U.S. Office of Management and Budget, Circular A-94, “Guidelines and Discount Rates for 

Benefit-Cost Analysis of Federal Programs” 3 (1992) (rescinding and replacing the 1972 OMB 

Circular No. A-94), 

https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A94/a094.pdf. [Dkt. 341-

398; Bates P00000090000-P00000090021].

560 Id. at 9.

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suggests that discounting should reflect only the growth of per capita consumption and 

the corresponding decrease in marginal utility over time.561

723. On September 17, 2003, OMB released Circular A-4, “guidance to Federal agencies on 

the development of regulatory analysis,” which replaced the 1996 “best practices” guidance.562

724. The OMB Circular A-4 includes the following statement: “As a default position, OMB 

Circular A-94 states that a real discount rate of 7 percent should be used as a base-case for 

regulatory analysis. The 7 percent rate is an estimate of the average before-tax rate of return to 

private capital in the U.S. economy.”563

725. The OMB Circular A-4 includes the following statement: “For regulatory analysis, you 

should provide estimates of net benefits using both 3 percent and 7 percent.”564

726. In a section titled “Intergenerational Discounting,” OMB Circular A-4 includes the 

following statement: “Special ethical considerations arise when comparing benefits and costs 

across generations. Although most people demonstrate time preference in their own consumption 

behavior, it may not be appropriate for society to demonstrate a similar preference when 

deciding between the well-being of current and future generations. Future citizens who are 

affected by such choices cannot take part in making them, and today’s society must act with 

some consideration of their interest.”565

 561 U.S. Office of Management and Budget, “Economic Analysis of Federal Regulations Under 

Executive Order 12866,” (Jan. 11, 1996), 

https://obamawhitehouse.archives.gov/omb/inforeg_riaguide/. [Dkt. 341-540; Bates 

P00000114927-P00000114947].

562 U.S. Office of Management and Budget, Circular A-4 “Regulatory Analysis” 1 (Sept. 17, 

2003), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf. [Dkt. 

341-599; Bates P00000122233-P00000122280].

563 Id. at 33.

564 Id. at 34.

565 Id. at 35.

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727. In a section titled “Benefit-Cost Analysis,” OMB Circular A-4 includes the following 

statement: “When important benefits and costs cannot be expressed in monetary units, [benefitcost analysis] is less useful, and it can even be misleading, because the calculation of net benefits 

in such cases does not provide a full evaluation of all relevant benefits and costs.”566

728. In a section titled “Valuation of Reductions in Health and Safety Risks to Children,” 

OMB Circular A-4 includes the following statement: “The valuation of health outcomes for 

children and infants poses special challenges. It is rarely feasible to measure a child's willingness 

to pay for health improvement and an adult's concern for his or her own health is not necessarily 

relevant to valuation of child health. For example, the wage premiums demanded by workers to 

accept hazardous jobs are not readily transferred to rules that accomplish health gains for 

children.”567

IV.CLAIMS AND DEFENSES

For the Plaintiffs:

1. By causing and contributing to dangerous climate change through their affirmative aggregate 

acts and policies with respect to fossil fuels and the national energy system, Defendants have 

violated Plaintiffs’ substantive due process right to a stable climate system capable of 

sustaining human life and liberty guaranteed by the Fifth Amendment of the U.S. 

Constitution. Defendants’ aggregate acts and policies with respect to fossil fuels and the 

national energy system cannot and do not operate to secure, and are not narrowly tailored to 

achieve, a more compelling state interest than Plaintiffs’ rights, nor can such aggregate acts 

and omissions satisfy intermediate scrutiny, or any other level of scrutiny, including rational 

 566 Id. at 10.

567 Id. at 31.

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basis review;

2. By causing and contributing to dangerous climate change through their affirmative aggregate 

acts and policies with respect to fossil fuels and the national energy system, Defendants have 

violated Plaintiffs’ substantive due process rights to life, liberty, and property, as well as 

previously recognized unenumerated substantive due process rights, including rights to 

bodily integrity and personal security; the right to travel; and the right to family autonomy, 

including the right to safely raise a family, to keep one’s family together, and to learn and 

transmit one’s spiritual and cultural heritage and traditions, in each case guaranteed by the 

Fifth Amendment of the U.S. Constitution. Defendants’ aggregate acts and policies with 

respect to fossil fuels and the national energy system cannot and do not operate to secure, and 

are not narrowly tailored to achieve, a more compelling state interest than Plaintiffs’ rights, 

nor can such aggregate acts and omissions satisfy intermediate scrutiny, or any other level of 

scrutiny, including rational basis review; 

3. By knowingly engaging in historic and ongoing conduct that has placed Plaintiffs in a 

position of danger, Defendants have knowingly exposed, with deliberate indifference to their 

safety, each of the Plaintiffs to dangers they would not have otherwise faced such that 

Defendants’ ongoing actions and omissions shock the conscience and violate Plaintiffs’ 

substantive due process rights on a state-created danger basis as guaranteed by the Fifth 

Amendment of the U.S. Constitution;

4. By and through their affirmative aggregate acts and policies with respect to fossil fuels and 

the national energy system Defendants have discriminated against Plaintiffs’ respect to 

Plaintiffs’ fundamental rights in violation of the equal protection of the law guaranteed by the 

Fifth Amendment to the U.S. Constitution. Defendants’ aggregate acts and policies with 

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 180

respect to fossil fuels and the national energy system cannot and do not operate to secure, and 

are not narrowly tailored to achieve, a more compelling state interest than Plaintiffs’ rights, 

nor can such aggregate acts and omissions satisfy intermediate scrutiny, or any other level of 

scrutiny, including rational basis review;

5. By and through their affirmative aggregate actions, policies, and omissions with respect to 

fossil fuels, climate change, ocean acidification, and the national energy system, Defendants 

have violated the Public Trust Doctrine by abdicating control over and causing and allowing 

substantial impairment of public trust resources, and abrogating their duty to manage such 

resources with prudence, loyalty, and impartiality, and thus violated Plaintiffs’ substantive 

due process rights guaranteed by the Fifth Amendment of the U.S. Constitution; and

6. Section 201 of the Energy Policy Act, on its face and as applied to Plaintiffs, violates 

Plaintiffs constitutional substantive due process and equal protection rights guaranteed by the 

Fifth Amendment to the U.S. Constitution.

At trial, Defendants intend to pursue the following defenses:

V. OTHER LEGAL ISSUES

(1) Plaintiffs’ Second and Third Motions in limine (Doc. 340 and Doc. 380) seeking judicial 

notice of government documents are pending.

(2) Defendants’ Motion in Limine to Exclude Certain Testimony of Six Experts (Doc. 371) is 

pending.

(3) Defendants’ Motion in Limine to Strike Rebuttal Report and Testimony of Dr. Akilah 

Jefferson (Doc. 372) is pending.

(4) Plaintiffs request the opportunity to file post-trial briefs.

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VI.PROPOSED AMENDMENTS TO THE PLEADINGS

None at this time.

VII. EXHIBITS

Plaintiffs anticipate that some exhibits, such as videos, photographs, and spreadsheet 

documents, will be presented in electronic format. The Parties have organized their respective 

exhibits according to the following categories, and will be provided to the Court on October 19, 

2018.

(1) Plaintiffs’ Exhibits –admissibility stipulated;

(2) Defendants’ Exhibits – admissibility stipulated;

(3) Plaintiffs’ Exhibits – authenticity stipulated, admissibility disputed;

(4) Defendants’ Exhibits – authenticity stipulated, admissibility disputed;

(5) Plaintiffs’ Exhibits – authenticity and admissibility disputed;

(6) Defendants’ Exhibits – authenticity and admissibility disputed.

This order has been approved by the Plaintiffs as evidenced by the signatures of their counsel. 

Plaintiffs respectfully request that this order shall control the subsequent course of the action 

unless modified by a subsequent order. This order shall not be amended except by order of the 

court pursuant to agreement of the Parties or to prevent manifest injustice.

DATED this 15th day of October, 2018. 

Respectfully submitted, 

/s/ Andrea K. Rodgers 

Andrearodgers42@gmail.com

Law Offices of Andrea K. Rodgers

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PLAINTIFFS’ PROPOSED PRETRIAL ORDER 182

3026 NW Esplanade

Seattle, WA 98117

Tel: (206) 696-2851

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 

Case 6:15-cv-01517-AA Document 383 Filed 10/15/18 Page 182 of 182