Free Motion to Intervene - District Court of California - California

Case 4:08-cv-01339-CW

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René P. Tatro (SBN 78383) Juliet A. Markowitz (SBN 164038) TATRO TEKOSKY SADWICK LLP 333 S. Grand Avenue, Suite 4270 Los Angeles, California 90071 Telephone: (213) 225-7171 Facsimile: (213) 225-7151 E-mail: [email protected] [email protected] Jeffrey M. Feldman (AK Bar #7605029) Kevin M. Cuddy (MA Bar #647799) Pro hac vice applications pending FELDMAN ORLANSKY & SANDERS 500 L Street, Suite 400 Anchorage, Alaska 99501 Telephone: (907) 272-3538 Facsimile: (907) 274-0819 Email: [email protected] [email protected] Attorneys for Proposed Intervenor-Defendant Arctic Slope Regional Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. DIRK KEMPTHORNE, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-08-1339-CW DECLARATION OF JACOB ADAMS IN SUPPORT OF MOTION OF ARCTIC SLOPE REGIONAL CORPORATION TO INTERVENE Date: Time: Courtroom: August 14, 2008 2:00 p.m. 2

Honorable Claudia Wilkin

DECLARATION OF JACOB ADAMS IN SUPPORT OF MOTION OF ARCTIC SLOPE REGIONAL CORPORATION TO INTERVENE

C-08-1339-CW

Case 4:08-cv-01339-CW

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JACOB ADAMS, under penalty of perjury, declares: 1. I am an Iñupiaq Eskimo. I have resided on the Arctic Slope of Alaska all my

life. From 1972 to 1983, except for a nine-month period in 1980 (when I served as Mayor of the North Slope Borough), I served as the Vice-President for Lands of the Arctic Slope Regional Corporation ("ASRC"). From 1983 to 2006, I served as the President of ASRC. I remain a member of ASRC's Board of Directors. I am a subsistence hunter and fisherman and also a whaling captain. 2. 3. I have firsthand knowledge of the matters discussed below. ASRC was established in 1972, pursuant to Section 7 of the Alaska Native

Claims Settlement Act ("ANCSA") to receive and administer lands and monetary benefits provided to North Slope Iñupiat as part of the land claims settlement. ASRC is wholly owned by the Iñupiat of the Arctic Slope. Most Iñupiaq residents of the Arctic Slope are

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ASRC shareholders. ASRC's corporate mission requires it to be a responsible steward of the land and its resources, and to be ever mindful that development in the Arctic must protect the fragile land and the subsistence resources on which we all rely. 4. Polar bears live in several areas around the Arctic, including the North Slope.

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For many generations, the Iñupiat have hunted polar bears for subsistence and have used them in Native handicrafts. The Iñupiat also engage in cultural exchanges of these

handicrafts, gifts, and clothing with other Native inhabitants of Russia, Canada, and Greenland. These activities are an important part of our Native heritage.

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5.

Because we share the land with the polar bears, the Iñupiat inevitably come

into contact with polar bears from time to time. These interactions appear to be increasing in recent years. In order to avoid a dangerous or even lethal encounter, it is critically
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important that we be able to take necessary non-lethal steps to discourage the polar bears from damaging our property, fishing gear, and catch. If such non-lethal deterrence were outlawed, I have no doubt that more interactions would result in the killing of polar bears. 6. The Arctic Slope Iñupiat have depended upon the marine mammals and

upland species for their subsistence from time immemorial, and so our information concerning these species and their environment may be superior to that of the scientists working for the government and environmental organizations. Iñupiaq provide a

component of practical, experience-based knowledge of the Arctic environment that is unavailable from other sources. Government planners have learned to value Iñupiat input. In recent years, Iñupiaq estimates of the health of the bowhead whale population, for example, have proved more accurate than the predictions of government scientists.

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7.

The Iñupiat have a great deal of respect for wildlife, including polar bears.

As confirmed by the federal government, our activities on the North Slope have very little impact on the sustainable population. While we are concerned by the recent loss of sea ice, we are equally concerned that the remedies being discussed in this case ­ possibly vacating

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the so-called "4(d) Rule" or listing the polar bear as an endangered species ­ will not solve the problem. Instead, those remedies would directly and disproportionately harm the

Iñupiat people whose research and responsible stewardship have arguably helped polar bears the most. The development of our villages and resources are directly affected by the

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U.S. Fish and Wildlife Service's listing determinations for the polar bear. 8. In the space of a few decades, we have gone from an economy based almost

entirely on subsistence to a mixed economy. Our cash jobs, economic activity, and a
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commercial tax base are necessary to maintain the schools, transportation, health care, sanitation facilities and other amenities that are taken for granted elsewhere in the United States. The only Arctic Slope resource capable of supporting and sustaining this economic structure is environmentally responsible oil and gas exploration, development, and production. Resource development in the Arctic requires a careful balance of the

economic, subsistence-hunting, and environmental protection interests of the Iñupiaq people. All three elements are critical to the preservation of their lives and culture. 9. It is very important to the State of Alaska's and the Arctic Slope's economy

that gas and oil resources in the Arctic Slope be developed. Arctic Slope oil development currently funds most of the State of Alaska's budget. ASRC's shareholders and other Arctic Slope residents benefit from state-funded programs. Arctic Slope oil production also

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provides a large and important property tax base for the North Slope Borough government. Borough tax revenue is used to provide for education and many other essential public services and facilities to our eight Arctic Slope villages, to our shareholders, and to other Borough residents. Oil and gas-related activities are the primary private sector economy in

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the Arctic. Oil development creates jobs for our shareholders as well as oil field services contract opportunities for ASRC, its subsidiary companies, our village corporations, and the other Arctic Slope businesses. Certain revenues received by ASRC from oil development will be shared with all Alaska Natives pursuant to the sharing mechanism of ANCSA

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Section 7(i). 10. ASRC and its subsidiary companies have been active in almost every aspect

of North Slope oil exploration, development, production and transportation since 1971.
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ASRC's involvement has included serving as a contractor on oil field developments, performing design and engineering work, building and maintaining pipelines, leasing its private lands for exploration and development, protecting shareholder interests, and a variety of other oil field service and related Arctic Slope activities. 11. Energy companies are sensitive to local hire/ contracting demands. As the

resident regional corporation, ASRC has a reasonable expectation that one or more of its subsidiaries will receive contracts in connection with exploration, development of and production from the area's natural resources. 12. ASRC has a number of interests that would be directly and negatively

impacted by a decision vacating the 4(d) Rule, ordering that polar bears be listed as "endangered," or otherwise restricting responsible oil and gas development on the North

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Slope. These interests include: a. Lost job opportunities to ASRC shareholders. b. Lost contracting opportunities to ASRC subsidiaries. c. Possible lost production of oil and gas from ASRC's lands.

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PROOF OF SERVICE BY ELECTRONIC TRANSMISSION I, the undersigned, declare that I am a citizen of the United States, over the age of 18 years and not a party to this action. I am employed in the County of Los Angeles and my business address is 333 S. Grand Avenue, Suite 4270, Los Angeles, CA 90071. On July 3, 2008, I electronically served a copy of the foregoing: DECLARATION OF JACOB ADAMS IN SUPPORT OF MOTION OF ARCTIC SLOPE REGIONAL CORPORATION TO INTERVENE
On the recipients designated on the Notice of Electronic Filing generated by the Electronic Case File website of the Northern District of California. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed July 3, 2008, at Los Angeles, California. /s/ Karen L. Roberts Karen L. Roberts

DECLARATION OF JACOB ADAMS IN SUPPORT OF MOTION OF ARCTIC SLOPE REGIONAL CORPORATION TO INTERVENE

C-08-1339-CW

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René P. Tatro (SBN 78383) Juliet A. Markowitz (SBN 164038) TATRO TEKOSKY SADWICK LLP 333 S. Grand Avenue, Suite 4270 Los Angeles, California 90071 Telephone: (213) 225-7171 Facsimile: (213) 225-7151 E-mail: [email protected] [email protected] Jeffrey M. Feldman (AK Bar #7605029) Kevin M. Cuddy (MA Bar #647799) Pro hac vice applications pending FELDMAN ORLANSKY & SANDERS 500 L Street, Suite 400 Anchorage, Alaska 99501 Telephone: (907) 272-3538 Facsimile: (907) 274-0819 Email: [email protected] [email protected] Attorneys for Proposed Intervenor-Defendant Arctic Slope Regional Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CENTER FOR BIOLOGICAL DIVERSITY, et al., Plaintiffs, v. DIRK KEMPTHORNE, et al., ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-08-1339-CW [PROPOSED] ORDER GRANTING INTERVENTION Date: Time: Courtroom: August 14, 2008 2:00 p.m. 2

Defendants.

Honorable Claudia Wilkin

[PROPOSED] ORDER GRANTING INTERVENTION

C-08-1339-CW

Case 4:08-cv-01339-CW

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After considering the Motion for Leave to Intervene and supporting papers filed by applicant for intervention, Arctic Slope Regional Corporation ("ASRC") and any responses and replies thereto, it is hereby ORDERED that the Motion is GRANTED and ASRC's Proposed Answer shall be filed in the form of the Proposed Answer submitted with ASRC's moving papers. ASRC is hereby granted leave to intervene as of right in all claims challenging the May 15, 2008 regulations issued by the defendants and in any remedy phase of plaintiffs' National Environmental Policy Act claims, and is further granted permissive intervention with respect to the merits of plaintiffs' National Environmental Policy Act claims. DATED this _____ day of _________________, 2008.

_____________________________________________ Honorable Claudia Wilken United States District Judge

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[PROPOSED] ORDER GRANTING INTERVENTION

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PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

I, the undersigned, declare that I am a citizen of the United States, over the age of 18 years and not a party to this action. I am employed in the County of Los Angeles and my business address is 333 S. Grand Avenue, Suite 4270, Los Angeles, CA 90071. On July 3, 2008, I electronically served a copy of the foregoing: [PROPOSED] ORDER GRANTING INTERVENTION On the recipients designated on the Notice of Electronic Filing generated by the Electronic

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Case File website of the Northern District of California. I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed July 3, 2008, at Los Angeles, California.

/s/ Karen L. Roberts Karen L. Roberts

[PROPOSED] ORDER GRANTING INTERVENTION

C-08-1339-CW