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In the Court of Appeals of the State of Oregon Olivia IN THE COURT OF APPEALS OF THE STATE OF OREGON OLIVIA CHERNAIK, a minor and resident of Lane County, Oregon; LISA CHERNAIK, Lane County Circuit Court guardian of Olivia Chernaik; KELSEY Case No. 16-11-09273 CASCADIA ROSE JULIANA, a minor and resident of Lane County, Oregon; and CATIA JULIANA, guardian of Kelsey CA No. A151856 Juliana, Plaintiffs-Appellants, v. JOHN KITZHABER, in his official capacity as Governor of the State of Oregon; and the STATE OF OREGON, Defendants-Respondents. BRIEF OF AMICI CURIAE KITTY PIERCY, MAYOR OF EUGENE; PETE SORENSON, ROB HANDY, SHAWN BOLES, SASHA LUFTIG, JESSICA BLOOMFIELD, HOWARD BONNETT, DAWN LESLEY, DAVE FUNK, KATHI JAWORSKI, SUE WOLLING, ARTEMIO PAZ JR., MARTIN DONOHOE, AND HARPER KEELER, INDIVIDUALLY; WILLAMETTE FARM AND FOOD COALITION; NORTHWEST CENTER FOR ALTERNATIVES TO PESTICIDES; CENTER FOR FOOD SAFETY; EUGENE LOCAL FOODS; KID FOOD MATTERS; CLIMATE SOLUTIONS; NATIVE AMERICAN STUDENT UNION AT THE UNIVERSITY OF OREGON; PARTNERS FOR SUSTAINABLE SCHOOLS; SUSTAINABLE OREGON SCHOOLS INITIATIVE; SUNDANCE NATURAL FOODS; FALLING SKY BREWERY; SEQUENTIAL BIOFUELS; MOUNT PISGAH ARBORETUM; NATIVE AMERICAN LAW STUDENTS ASSOCIATION-UNIVERSITY OF OREGON CHAPTER; AND WITNESS December 17, 2012 Appeal from Judgment of the Circuit Court for Lane County by the Honorable Karsten H. Rasmussen, Judge. Elisabeth A. Holmes, Tanya M. Sanerib, OSB No. 120254 OSB No. 025526 (415) 826-2770 (503) 525-2722 [email protected] [email protected] Center for Food Safety Christopher Winter, 303 Sacramento Street, 2nd Floor OSB No. 984355 San Francisco, CA 94111 (503) 525-2725 -and- [email protected] 917 SW Oak Street, Suite 300 CRAG LAW CENTER Portland, OR 97205 917 SW Oak Street, Suite 417 Portland, OR 97205 Counsel for Applicants and Proposed Amici Curiae William H. Sherlock, OSB No. 903816 (541) 342-7020 Anna Marie Joyce, OSB No. 013112 HUTCHINSON, COX, COONS, Solicitor General DUPRIEST, ORR & (503) 378-4402 SHERLOCK, P.C. [email protected] [email protected] DOJ Appellate Division 777 High Street, Suite 200, 1162 Court St NE PO Box 10886, Salem, OR 97301 Eugene, OR 97401 Counsel for Defendants-Respondents Counsel for Plaintiffs-Appellants i TABLE OF CONTENTS TABLE OF CONTENTS ...................................................................................... i TABLE OF AUTHORITIES .............................................................................. iii BRIEF OF AMICI CURIAE STATEMENT OF THE CASE .............................. 1 STATEMENT OF INTEREST ............................................................................. 1 INTRODUCTION ................................................................................................ 9 ARGUMENT ......................................................................................................11 I. Climate Change in Oregon .............................................................11 II. Reduced Snowpack and Stream Flows Affecting Water Supplies and Hydropower .............................................................................13 III. Climate Change Impacts on Salmon ...............................................14 IV. Summer Drought and Disease Infestation Affecting Oregon Agriculture .......................................................................................16 V. Forest Wildfires, Pests, and Disease ..............................................18 VI. Ocean Acidification and Impacts on Shellfish ...............................19 VII. Rising Sea Levels and Coastal Erosion ..........................................21 VIII. Human Health Impacts ...................................................................22 IX. Tribal and Cultural Impacts ............................................................23 X. Economic Impacts ..........................................................................25 CONCLUSION ...................................................................................................27 ii CERTIFICATE OF COMPLIANCE WITH BRIEF LENGTH AND TYPE SIZE REQUIREMENTS ....................................................................................28 CERTIFICATE OF FILING AND SERVICE ...................................................29 iii TABLE OF AUTHORITIES Page(s) CASES Massachusetts v. U.S. EPA, 549 U.S. 487 (2007)......................................................................................... 5 OTHER AUTHORITIES John Bragg, Coastal & Estuarine Research Fed’n, Adapting to Climate Change (2009), available at http://www.erf.org/news/adapting-climate-change-third- series .............................................................................................................. 21 Oregon Climate Assessment Report (K.D. Dello & P.W. Mote eds., 2010), available at http://occri.net/wp- content/uploads/2011/01/OCAR2010_v1.2.pdf ....................................passim Pacific Coast Shellfish Growers Ass’n, Shellfish Production on the West Coast (2011), available at http://pcsga.net/wp- content/uploads/2011/02/production_stats.pdf .............................................. 26 Philip Mote et al., JISAO Climate Impacts Group, Impacts of Climate Variability and Change in the Pacific Northwest (1999), available at http://www.usgcrp.gov/usgcrp/Library/nationalassessment/pnw.pdf ........... 15 Scientific Consensus Statement on the Likely Impacts of Climate Change on the Pacific Northwest (2004), available at http://www.oregon.gov/energy/ gblwrm/docs/global-appendixc.pdf ................................................... 12, 13, 21 Tribal Envtl. Professionals, N. Ariz. Univ., Tribal Climate Change Profile: Fisheries Impacts (2008), available at http://www4.nau.edu/tribalclimatechange/ tribes/docs/tribes_FisheriesImpacts.pdf ......................................................... 25 USDA Forest Service Pacific Northwest Research Station, Climate Change and the Coquille Indian Tribe (2010), available at http://www4.nau.edu/tribalclimatechange/ tribes/docs/tribes_Coquille.pdf ...................................................................... 24 iv Page(s) OTHER AUTHORITIES (CONT’D) Wash. State Blue Ribbon Panel on Ocean Acidification, Ocean Acidification: From Knowledge to Action (2012), available at http://www.ecy.wa.gov/water/marine/oa/2012report_summary.pdf ...... 20, 21 Wash. Climate Impacts Group, The Washington Climate Change Impacts Assessment (M. McGuire Elsner, J. Littell, & L. Whitely Binder eds., 2009), available at http://cses.washington.edu/ db/pdf/wacciareport681.pdf .........................................................15, 19, 21, 22 1 BRIEF OF AMICI CURIAE STATEMENT OF THE CASE Kitty Piercy, Mayor of Eugene et al., (“Amici”) rely on the Plaintiffs’ statement of the case. STATEMENT OF INTEREST Amicus Kitty Piercy is the Mayor of Eugene. In her first term as Mayor she launched the Sustainable Business Initiative, which led to green building practices, a city Sustainability Commission, and a sustainability manager. Under Mayor Piercy’s leadership, the city also produced a Climate and Energy Plan. Mayor Piercy was an early signer of the U.S. Conference of Mayors Climate Protection Agreement. Under her leadership, Eugene’s carbon dioxide emissions have been declining. Amicus Pete Sorenson has lived in Oregon since 1959. He is a father, husband, and life-long devotee to protecting Oregon’s environment and natural beauty. Mr. Sorenson has dedicated his personal and professional life to public service, with environmental issues being a core focus of his efforts. Mr. Sorenson is a former Oregon State Senator and former candidate for the office of Oregon Governor. Mr. Sorenson is a resident of Eugene, where he practices law and serves as a Commissioner for Lane County. Amicus Rob Handy is a Lane County Commissioner. Amicus Shawn Boles is a Commissioner with the City of Eugene 2 Sustainability Commission and a former Eugene City Council member. Amicus Sasha Luftig is a Commissioner with the City of Eugene Sustainability Commission and a member of the Bicycle Pedestrian Advisory Committee for the City of Eugene. Amicus Jessica Bloomfield is a Commissioner with the City of Eugene Sustainability Commission. Amicus Howard Bonnett is a Commissioner with the City of Eugene Sustainability Commission and an Emeritus Professor of Biology at the University of Oregon, with a specialty in Plant Physiology and Development. Amicus Dawn Lesley is a Commissioner with the City of Eugene Sustainability Commission and a Licensed Professional Environmental Engineer. Amicus Dave Funk is a Commissioner with the City of Eugene Sustainability Commission. Amicus Kathi Jaworski is the Chair of the City of Eugene Sustainability Commission. Amicus Sue Wolling is a Commissioner with the City of Eugene Sustainability Commission. Amicus Artemio “Art” Paz, Jr. is the Chair of the Oregon Board of Education - 4th Congressional District and the owner of APAZ Architect, AIA, 3 which has a sustainable approach to architecture, embracing a broad strategy of social-cultural, economic, and environmental issues. Amicus Martin Donohoe, MD, is a current member of the Oregon Physicians for Social Responsibility’s Board of Advisors (and former member of the Board of Directors), and a former Science Advisor to Oregon Physicians for Social Responsibility's Campaign for Safe Food. Dr. Donohoe is an Adjunct Associate Professor in the School of Community Health at Portland State University and a Senior Physician in Internal Medicine at Kaiser Sunnyside Medical Center. Amicus Harper Keeler is the Director of
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