JULIA A. OLSON (OR Bar 062230) 

ju I iaao lson@gma ii .com 

WILD EARTH ADVOCATES 

1216 Lincoln Street 

Eugene, OR 97401 

Tel: ( 4 I 5) 786-4825 

PHILIP L. GREGORY (pro hac vice) 

pgregory@gregorylawgroup.com 

Gregory Law Group 

1250 Godetia Drive 

Redwood City, CA 94062 

Tel: (650) 278-2957 

ANDREA K. RODGERS (OR Bar 041029) 

Andrearodgers42@gmail.com 

LAW OFFICES OF ANDREA K. RODGERS 

3026 NW Esplanade 

Seattle, WA 98 I I 7 

Tel: (206) 696-2851 

Attorneys.for Plaintiffe 

JEFFREY H. WOOD 

Acting Assistant Attorney General 

Environment & Natural Resources Division 

LISA LYNNE RUSSELL, Chief 

GUILLERMO A. MONTERO, Assistant Chief 

SEAN C. DUFFY (NY Bar No. 4103131) 

MARISSA PIROPA TO (MA Bar No. 651630) 

FRANK J. SINGER (Cal. Bar No. 227459) 

CLARE BORONOW (Admitted to MD bar) 

Trial Attorneys 

Natural Resources Section 

60 l D Street NW 

Washington, DC 20004 

(202) 305-0445 (Duffy) 

sean.c.duffy@usdoj.gov 

Attorneys.for Defendants 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

KELSEY CASCADIA ROSE JULIANA; et al. Case No.: 6:15-cv-01517-TC 

Plaintiffs, 

v. STIPULATED PROTECTIVE ORDER 

The UNITED STATES OF AMERICA; et al., 

Defendants. 

STIPULATED PROTECTIVE ORDER 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 1 of 13
WHEREAS, this action concerns allegations against defendants the United States, the 

President of the United States, and numerous executive agencies brought by twenty-one (21) 

youth Plaintiffs, several of whom are minors, Earth Guardians, a nonprofit organization, and Dr. 

James Hansen, acting as guardian for future generations; 

WHEREAS, Defendants may provide Plaintiffs' attorneys, as well as Plaintiffs' officers, 

employees, representatives, contractors, consultants or experts ("Plaintiffs' Designees") with 

copies of, or access to documents, data, and/or other materials within the possession, custody, or 

control of Defendants and of the United States Department of Justice in a mutually acceptable 

manner; 

WHEREAS, Plaintiffs may provide Defendants attorneys, as well as Defendants' officers, 

employees, representatives, contractors, consultants or experts ("Defendants' Designees") with 

copies of, or access to documents, data, and/or other materials within the possession, custody, or 

control of Plaintiffs in a mutually acceptable manner; 

WHEREAS, such documents, data, and/or other materials may contain confidential, 

private, or personal information such as addresses, medical records, other personally identifying 

information, or information that could reasonably cause annoyance or embarrassment, about 

Plaintiffs, employees or contractors of Defendants, or of individuals who are not parties to this 

case; 

WHEREAS, such documents, data, and/or other materials may contain information that 

Defendants assert and designate as being subject to protection from disclosure: (I) in accordance 

with-but not limited-to the Privacy Act, 5 U.S.C. § 552a; the Trade Secrets Act (or Act of 

1948), 18 U.S.C. § 1905; the Surface Mining Control and Reclamation Act, 30 U.S.C. § 1201; the 

National Historic Preservation Act, 16 U.S.C. § 470w-3; and the Mineral Leasing Act, 30 U.S.C. 

STIPULATED PROTECTIVE ORDER 2 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 2 of 13
§ 181 et seq.; (2) as confidential commercial and/or proprietary information under federal law 

and/or regulations; or (3) because it relates to individuals not patties to this case; and 

WHEREAS, Plaintiffs and Defendants (collectively "the Parties") have conferred, 

negotiated, and agreed upon this Joint Stipulation and Proposed Order to protect, in a manner 

consistent with applicable laws and regulations, the confidentiality of certain documents, data, 

and/or other materials that are relevant or potentially relevant to the claims in this case and that 

are to be provided or otherwise made available in the course of the case, 

THE PARTIES HEREBY JOINTLY STIPULATE AND AGREE TO THE FOLLOWING: 

I. Documents, data, and/or other materials, as well as copies or images of such 

documents, data, and/or other materials that are designated as protected from disclosure under 

the categories set forth above, shall be deemed "Confidential Materials" for purposes of this 

Joint Stipulation and the associated Order. 

2. This Joint Stipulation and the associated Order govern the use of Confidential 

Materials for all purposes related to this case, including but not limited to litigation, Alternative 

Dispute Resolution or other formal dispute resolution process, and informal settlement 

discussions. 

3. With the exception of oral testimony, the portions of all documents, testimony, 

written responses, and other materials and information produced by the parties that contain 

Confidential Material shall be labeled "CONFIDENTIAL MATERIALS-GOVERNED BY 

PROTECTIVE ORDER." and shall specify, as far as reasonably practicable, the portion of the 

document that shall be treated as confidential. The party claiming confidentiality shall designate 

each page or reasonably segregable portion of the document, testimony, written responses, or 

other materials or information with a stamp identifying it as Confidential, if practical to do so. 

STIPULATED PROTECTIVE ORDER 3 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 3 of 13
4. Any notes, dictation tapes, or media containing electronically stored 

information that are made as part of a review of the Confidential Materials and that contain 

information regarding the Confidential Materials shall include the endorsement 

"CONFIDENTIAL MATERIALS-GOVERNED BY PROTECTIVE ORDER" and shall be 

subject to the same provisions as copies or images of the Confidential Materials. 

5. Within thirty (30) days after receipt of the final transcript, video recording, or 

audio recording of any hearing, pre-trial or trial proceeding, or deposition of any party or witness 

in this case, a party or the witness may designate as Confidential any portion of the transcript, 

video recording, or audio recording that that discloses Confidential information. Unless 

otherwise agreed, all transcripts, video recordings, and audio recordings of depositions of 

Plaintiffs shall be treated as Confidential until the expiration of the thirty-day period. 

6. Confidential Materials, or any of their contents, may not be used for any purpose 

other than solely for the litigation in this case and shall not be used by any party for any other 

purpose, including, without limitation, any media, business, commercial, or competitive purpose. 

Any information designated as Confidential Materials shall be kept strictly confidential by 

Plaintiffs' attorneys and Defendants' attorneys ("Parties' Attorneys," as hereinafter defined) and 

Plaintiffs' Designees and Defendants' Designees ("Parties' Designees," as hereinafter defined). 

Such information shall not be disclosed, made public, or made available to anyone, except as 

specifically provided in this Joint Stipulation and the associated Order or in any further Order that 

a Court having jurisdiction over this case may enter. 

7. Any documents, data, and/or other materials made available to the Parties' 

Attorneys or the Parties' Designees for inspection in this case shall be deemed confidential for 

pmposes of the inspection. Any images or copies of Confidential Materials that are provided to 

STIPULATED PROTECTIVE ORDER 4 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 4 of 13
the Parties' Attorneys or the Parties' Designees shall include the endorsement 

"CONFIDENTIAL MATERIALS-GOVERNED BY PROTECTIVE ORDER." The Parties 

may agree to forego review to determine the confidentiality of certain documents, data, and/or 

other materials to be provided to the Parties' Attorneys or the Parties' Designees, in which case 

the party in possession of the materials shall include on those documents, data, and/or other 

materials the endorsement "CONFIDENTIAL MATERIALS-GOVERNED BY PROTECTIVE 

ORDER," before providing the documents, data, and other materials to inspecting party. All 

documents, data, and/or other materials so endorsed shall be deemed Confidential Materials and 

protected as such under this Joint Stipulation and the associated Order. If either party intends to 

file documents, data, and/or other materials that have been endorsed as Confidential Materials 

with the Court as evidence or for any other purpose, the party shall follow the procedures set 

forth in this Joint Stipulation and the associated Order. 

8. Either Party may request that the Party claiming that documents, data, and/or 

other materials endorsed as "Confidential" review certain endorsed documents, data, and/or other 

materials to determine if they contain confidential information; redact any confidential 

information; and produce a version of the documents, data, and/or other materials, after the 

necessary redactions, for filing with the Court without the Confidential Materials endorsement 

set forth in this Joint Stipulation and the associated Order. After the documents, data, and/or 

other materials have been redacted or otherwise determined not to contain Confidential 

Materials, the documents, data, and/or other materials shall no longer be considered confidential 

and subject to this Joint Stipulation and the associated Order. 

9. Confidential Materials may be disclosed without Court approval only to the 

following persons: (a) the Court or any settlement judge or mediator appointed, designated, or 

STIPULATED PROTECTIVE ORDER 5 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 5 of 13
selected to work with the Parties in this case, as well as their respective attorney(s), paralegal(s), 

and suppo1t staff; (b) the attorney(s) in this case, as well as the attorney(s), paralegal(s), and 

support staff who are involved or may be necessary in the ordinary course to represent Plaintiffs 

or Defendants ("the Parties Attorneys") herein; (c) the Parties' Designees; (d)Jhe authors and the 

original recipients of the Confidential Material; and (e) the Parties' expert witnesses and 

consultants in this case (including partners, associates, and employees of the firm which employs 

such consultant or_expert), as well as their support staff who are involved or may be necessary in 

the ordinary course to work on this case. Such persons may have access to the Confidential 

Materials, provided, however, that, before receiving access to the Confidential Materials, each 

person receiving such access shall execute an "Affidavit of Confidentiality," in the form attached 

hereto as Exhibit 1. Such persons must provide an executed Affidavit to Plaintiffs' attorneys or 

Defendants' attorneys, depending on who provides the person with the Confidential Materials. 

Office support or administrative staffers who handle or file the Confidential Materials but do not 

review their contents or retain copies thereof in any form need not execute an Affidavit of 

Confidentiality. Plaintiffs' attorneys shall maintain the executed Affidavits of Confidentiality in 

his or her files for seven years and in accordance with the requirements of this Joint Stipulation 

and the associated Order. Defendants' attorneys shall maintain the executed Affidavits of 

Confidentiality in his or her files for a period time that is consistent with the requirements of the 

Federal Records Act, 44 U.S.C. §§ 3101-3107, regulations promulgated thereunder, and all other 

pertinent federal record-keeping statutes and regulations. 

10. The inadvertent failure to designate a document, testimony, written response, or 

other material or information as Confidential prior to disclosure shall not operate as a waiver of 

the party's right to later designate the document, testimony, written response, or other material or 

STIPULATED PROTECTIVE ORDER 6 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 6 of 13
information as Confidential. Promptly after receiving notice from the producing party of a claim 

of materials or information as Confidential, the receiving party or its counsel shall make 

reasonable efforts to retrieve such materials and information and to prevent further disclosure. 

Likewise, any Party that receives materials that contain Confidential Materials for which the 

Confidential Materials endorsement was inadvertently excluded should treat such materials as 

Confidential upon learning of such mis-designation, and promptly contact opposing counsel to 

allow opposing counsel to review the materials and provide the Confidential endorsement. 

11. Any party filing Confidential Materials with the Court shall request that the Clerk 

of Court file such materials under seal. No party shall file with the Court at any time any 

motion, application, memorandum or brief, or any other pleading or document that quotes from 

or paraphrases Confidential Materials or that contains information obtained solely from 

Confidential Materials, unless the confidential portion of any such motion, application, 

memorandum or brief, pleading, or other document has been filed under seal with the Clerk of 

the Court. All filings under seal shall be made in accordance with all applicable court rules, 

policies, procedures, and orders. 

12. Whenever any documents, testimony, written responses, or other materials or 

information designated as Confidential pursuant to this Protective Order are to be discussed by a 

party or disclosed in a deposition, hearing, pre-trial or trial proceeding, the designating party may 

exclude from the room any person, other than persons designated in paragraph 9, as appropriate, 

for that portion of the deposition, hearing, pre-trial or trial proceeding. 

13. All Confidential Materials, copies or images thereof, or extracts that constitute 

Confidential Materials under this Joint Stipulation of Confidentiality and the associated Order 

shall be (i) returned to the attorneys for the designating party; (ii) destroyed; or (iii) deleted from, 

STIPULATED PROTECTIVE ORDER 7 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 7 of 13
degaussed, or overwritten on any computer, hard drive, server, or other electronic storage media, 

through the use of reasonable measures, consistent with this Joint Stipulation of Confidentiality 

and the associated Order, immediately upon the final termination of this case (including the 

resolution of any appeals). At that time, all individuals who have executed an Affidavit of 

Confidentiality and who still have access to such Confidential Materials shall certify in writing 

that they have returned to opposing counsel; destroyed; or employed reasonable measures, 

consistent with this Joint Stipulation of Confidentiality and the associated Order, to delete from, 

degauss, or overwrite on any computer, hard drive, server, or other electronic storage media, all 

such Confidential Materials, copies or images thereof, or extracts that constitute Confidential 

Materials. Plaintiffs' attorneys shall maintain the written certifications in his or her files for 

seven years and in accordance with the requirements of this Joint Stipulation and the associated 

Order. Defendants' attorneys shall maintain the written certifications in his or her files for a 

period time that is consistent with the requirements of the Federal Records Act, 44 U.S.C. §§ 

3101-3 I 07, regulations promulgated thereunder, and all other pertinent federal record-keeping 

statutes and regulations. Further, all individuals who execute an Affidavit of Confidentiality 

pursuant to Paragraph 8 of this Joint Stipulation of Confidentiality and the associated Order and 

who terminate their involvement in this case before the final termination of the case (including 

the resolution of any appeals) shall certify in writing that they have returned to opposing counsel; 

destroyed; or employed reasonable measures, consistent with this Joint Stipulation of 

Confidentiality and the associated Order, to delete from, degauss, or overwrite on any computer, 

hard drive, server, or other electronic storage media, all Confidential Materials to which they 

have received access or of which they have received copies. This paragraph shall not apply to 

pleadings or other Confidential Materials submitted to and maintained by the Court. 

STIPULATED PROTECTIVE ORDER 8 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 8 of 13
14. !fa Party disputes the other Party's assertion and designation that a document, 

data, and/or other materials constitutes Confidential Material, the party that disputes the assertion 

of confidentiality shall notify opposing counsel in writing and state therein the grounds for 

disputing the assertion and designation of confidentiality. Within 30 days of receiving such 

written notification (or a longer period of time, ifthe Parties agree), the Parties shall discuss and 

attempt to resolve the dispute. lfthe Parties do not resolve the dispute within 30 days or an 

extension thereof, the disputing party may file a motion to seek a rnling from the Court regarding 

the assertion and designation of confidentiality. The party asserting the designation of 

confidentiality shall have the burden of establishing the designation of confidentiality. 

15. This Protective Order, however, does not restrict the disclosure or use of any 

materials or information lawfully obtained by the receiving party through means or sources outside 

of this litigation, nor the disclosure or use of any materials or information designated by a party as 

Confidential that the parties or the Court determine not to be Confidential. 

16. Nothing in this Protective Order shall prejudice any party from seeking 

amendments to expand or restrict the rights of access to and use of Confidential materials or 

information, or other modifications, subject to order by the Court. 

17. The restrictions on disclosure and use of Confidential Materials or information 

shall survive the conclusion of this action and this Court shall retain jurisdiction of this action 

after its conclusion for the purpose of enforcing the terms of this Protective Order. 

Respectfully submitted this 6th day of June, 2018. 

Isl Julia A. Olson 

JULIA A. OLSON (OR Bar 062230) 

1216 Lincoln Street 

Eugene, OR 97401 

Tel: (415) 786-4825 

STIPULATED PROTECTIVE ORDER 9 

Isl Sean Duf/Y 

SEAN C. DUFFY (NY Bar No. 4103131) 

U.S. Department of Justice 

Environment & Natural Resources Division 

Natural Resources Section 

601 D Street NW 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 9 of 13
Attorney for Plaintiffe Washington, DC 20004 

Telephone: (202) 305-0445 

Facsimile: (202) 305-0506 

sean.c.duffy@usdoj.gov 

Attorney for Defendants 

Attestation of Filing 

I hereby attest, pursuant to District of Oregon, Local Rule 1 l(d), that consent to the 

filing of this document has been obtained from each signatory hereto. 

Isl Julia A. Olson 

Julia A. Olson 

Attorney for Plaintiffe 

STIPULATED PROTECTIVE ORDER IO 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 10 of 13
EXHIBIT l 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

KELSEY CASCADIA ROSE JULIANA; et al. Case No.: 6:15-cv-01517-TC 

Plaintiffs, 

v. AFFIDAVIT OF CONFIDENTIALITY 

The UNITED STATES OF AMERICA; et al., 

Defendants. 

I. My name is My home or office address is 

____________ . I am serving in the following role, _________ _ 

on behalf of in the above-captioned case: 

2. I certify that I have read and understood the entire Joint Stipulation of 

Confidentiality and the associated Order, both of which are attached hereto and incorporated 

herewith as Exhibit A. I agree to undertake and abide fully and completely by the terms of the 

Joint Stipulation of Confidentiality and the associated Order. 

3. In particular, and without limitation of the foregoing, I recognize that the 

Confidential Materials to which I have access as part of my work on this case may contain 

privileged proprietary information; I shall keep confidential the information contained in the 

Confidential Materials; I shall not disclose to, reveal to, or discuss with any person, in any way, 

any Confidential Materials, or the facts and information contained therein, other than as authorized 

STIPULATED PROTECTIVE ORDER 11 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 11 of 13
by the attached Joint Stipulation of Confidentiality and the associated Order; and I shall not use 

the Confidential Materials, or the facts and information contained therein, for any purpose, except 

as authorized by the Joint Stipulation of Confidentiality and the associated Order. 

4. I agree that, upon (a) the final termination of the above-captioned case, or (b) the 

conclusion of my involvement with the above-captioned case, whichever occurs first, I shall 

execute an affidavit certifying that I have retumed, destroyed, or employed reasonable measures, 

consistent with the attached Joint Stipulation and the associated Order, to delete, degauss, or 

overwrite all such Confidential Materials, as set forth in the Joint Stipulation of Confidentiality 

and the associated Order. 

5. I understand that, if I disclose or reveal any Confidential Materials, or the facts and 

information contained therein, in violation of the attached Joint Stipulation of Confidentiality and 

the associated Order, I may be subject to all applicable sanctions, including the penalties imposed 

by the Court for contempt. 

[NAME OF AFFIANT] 

STIPULATED PROTECTIVE ORDER 12 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 12 of 13
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

KELSEY CASCADIA ROSE JULIANA; et al. 6: I 5-cv-O 1517-TC 

Plaintiffs, 

v. ORDER 

The UNITED STATES OF AMERICA; et al., 

Defendants. 

The Court has reviewed the reasons offered in support of entry of this Stipulated 

Protective Order and finds that there is good cause to protect the confidential nature of certain 

information. Accordingly, the Court adopts the above Stipulated Protective Order in this 

action. 

DATED this _2_ day of June, 2018. 

THOMASM.C 

United States Magistrate Judge 

Case 6:15-cv-01517-AA Document 221 Filed 06/07/18 Page 13 of 13