Attach to Form 990 or Form 990-EZ.
See separate instructions.| (i) Name of supported organization |
(ii) EIN |
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions)) |
(iv) Is the organization in col. (i) listed in your governing document? |
(v) Did you notify the organization in col. (i) of your support? |
(vi) Is the organization in col. (i) organized in the U.S.? |
(vii) Amount of support? |
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|---|---|---|---|---|---|---|---|---|---|
| Yes | No | Yes | No | Yes | No | ||||
| Total | |||||||||
| Calendar year(or fiscal year beginning in) | (a) 2006 | (b) 2007 | (c) 2008 | (d) 2009 | (e) 2010 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .... | 20,370,952 | 24,969,338 | 25,712,988 | 21,101,486 | 29,629,520 | 121,784,284 |
| 2 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf....... | ||||||
| 3 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 4 | Total. Add lines 1 through 3.. | 20,370,952 | 24,969,338 | 25,712,988 | 21,101,486 | 29,629,520 | 121,784,284 |
| 5 | The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f).. | 12,511,529 | |||||
| 6 | Public Support. Subtract line 5 from line 4. | 109,272,755 | |||||
| Calendar year(or fiscal year beginning in) | (a) 2006 | (b) 2007 | (c) 2008 | (d) 2009 | (e) 2010 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 7 | Amounts from line 4.. | 20,370,952 | 24,969,338 | 25,712,988 | 21,101,486 | 29,629,520 | 121,784,284 |
| 8 | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | 586,923 | 861,808 | 744,412 | 606,200 | 810,261 | 3,609,604 |
| 9 | Net income from unrelated business activities, whether or not the business is regularly carried on.. | ||||||
| 10 | Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets.. | 47,956 | 53,862 | 64,343 | 114,453 | 105,821 | 386,435 |
| 11 | Total support (Add lines 7 through 10). | 125,780,323 | |||||






| Calendar year(or fiscal year beginning in) | (a) 2006 | (b) 2007 | (c) 2008 | (d) 2009 | (e) 2010 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") . | ||||||
| 2 | Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose...... | ||||||
| 3 | Gross receipts from activities that are not an unrelated trade or business under section 513.. | ||||||
| 4 | Tax revenues levied for the organization's benefit and either paid to or expended on its behalf... | ||||||
| 5 | The value of services or facilities furnished by a governmental unit to the organization without charge.. | ||||||
| 6 | Total. Add lines 1 through 5. | ||||||
| 7a | Amounts included on lines 1, 2, and 3 received from disqualified persons... | ||||||
| b | Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year. | ||||||
| c | Add lines 7a and 7b.. | ||||||
| 8 | Public Support (Subtract line 7c from line 6.) | ||||||
| Calendar year (or fiscal year beginning in) | (a) 2006 | (b) 2007 | (c) 2008 | (d) 2009 | (e) 2010 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 9 | Amounts from line 6... | ||||||
| 10a | Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources.. | ||||||
| b | Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975. | ||||||
| c | Add lines 10a and 10b. | ||||||
| 11 | Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on. | ||||||
| 12 | Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.) | ||||||
| 13 | Total support (Add lines 9, 10c, 11 and 12.). | ||||||




| Facts And Circumstances Test |
|---|
| Explanation |
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| SCHEDULE A, PART II, LINE 10, EXPLANATION OF OTHER INCOME: MISCELLANEOUS MAILING LIST RENTAL |
| Software ID: | |
| Software Version: |
Attach to Form 990 or 990-EZ.| Identifier | Return Reference | Explanation |
|---|---|---|
| FORM 990, PART VI, SECTION B, LINE 11 | A FULL PUBLIC INSPECTION COPY OF FORM 990 IS POSTED ON A SECURE WEB PORTAL ACCESSSIBLE BY THE TRUSTEES AT LEAST ONE WEEK PRIOR TO FILING. THE TRUSTEES ARE NOTIFIED OF THE FORM 990 POSTING AND ENCOURAGED TO REVIEW AND COMMENT ON IT PRIOR TO FILING. | |
| FORM 990, PART VI, SECTION B, LINE 12C | THE CONFLICT OF INTEREST PREVENTION POLICY REQUIRES AN ANNUAL DISCLOSURE BY TRUSTEES AND SENIOR STAFF OF ENTITIES IN WHICH THEY HAVE PERSONAL, FINANCIAL OR PROFESSIONAL INTERESTS. THE RESULTS OF THOSE DISCLOSURES ARE COMPILED INTO A SCREENING LIST OF ENTITIES USED BY THE BOARD CHAIR, CHIEF EXECUTIVE OFFICER AND GENERAL COUNSEL WHEN REVIEWING POTENTIAL TRANSACTIONS BETWEEN EARTHJUSTICE AND OUTSIDE ENTITIES. THE SCREENING LIST IS USED TO CHECK TO ASSURE THAT INDIVIDUAL DECISION-MAKERS RECUSE THEMSELVES FROM ANY PARTICIPATION IN DECISIONS AFFECTING THE ENTITIES IN WHICH THEY HAVE INTERESTS. | |
| FORM 990, PART VI, SECTION B, LINE 15 | WE GET COMPETITIVE DATA FROM AN OUTSIDE COMPENSATION CONSULTANT FOR OUR CEO. IN ADDITION OUR VP-HR COLLECTS SALARIES OF CEOS FROM OTHER NON-PROFIT ENVIRONMENTAL ORGANIZATIONS TO OBTAIN ADDITIONAL DATA FOR THE KEY NATIONAL NON-PROFIT ENVIRONMENTAL ORGANIZATIONS. THIS INFORMATION IS PASSED ALONG TO THE EXECUTIVE COMMITTEE OF OUR BOARD OF DIRECTORS WHO REVIEWS THE DATA AND MAKES THE APPROPRIATE RECOMMENDATION FOR OUR CEO SALARY. WE DO A BI-ANNUAL REVIEW OF ALL POSITIONS IN THE ORGANIZATION INCLUDING THE CEO AND ALL STAFF. WE UPDATE ALL POSITION DESCRIPTIONS AND USE AN OUTSIDE COMPENSATION CONSULTANT TO DETERMINE SALARIES THAT MATCH THE JOB RESPONSIBILITIES IN THE NON-PROFIT SECTOR IN THE SPECIFIC GEOGRAPHIC AREAS IN WHICH OUR JOBS ARE LOCATED. OUR VP-HR ALSO CONTACTS OTHER ENVIRONMENTAL NON-PROFIT COMPANIES TO OBTAIN ADDITIONAL COMPETITIVE INFORMATION. FOR NON-ATTORNEY JOBS, EACH JOB IS ASSIGNED A GRADE. EACH GRADE HAS A MINIMUM, MIDPOINT, AND MAXIMUM SALARY. WE CONSIDER MID-POINT OF THE GRADE THE APPROPRIATE SALARY TO BE AN EMPLOYEE FULLY COMPETENT IN THE JOB. OUR VP-HR THEN WORKS WITH MANAGERS, BASED ON PERFORMANCE TO DETERMINE WHAT THE APPROPRIATE SALARY SHOULD BE WITHIN THIS RANGE. SINCE THIS PROCESS IS QUITE TIME INTENSIVE, WE DO THIS EVERY OTHER YEAR. IN THE YEAR WE DON'T GO THROUGH THIS PROCESS, WE GET COMPETITIVE DATA ABOUT WHAT THE AVERAGE RAISE WILL BE AND USE THIS AS A GUIDELINE FOR OUR BUDGETING PROCESS. OUR ATTORNEYS' PAY IS BASED ON YEAR OF GRADUATION FROM LAW SCHOOL TO WHICH WE ADD A GEOGRAPHIC ADJUSTMENT BASED ON THE OFFICE LOCATION, E.G. BOZEMAN, MONTANA VS. NEW YORK, NY. WE CONTACT OTHER CONSERVATION ORGANIZATIONS LIKE THE SIERRA CLUB AND ALSO GOVERNMENT ENTITIES LIKE THE DEPARTMENT OF JUSTICE TO DETERMINE THE APPROPRIATE PAY FOR OUR ATTORNEYS. | |
| FORM 990, PART VI, SECTION C, LINE 19 | THE AUDITED FINANCIAL STATEMENTS, THE GOVERNING/ORGANIZING DOCUMENTS AND THE CONFLICT OF INTEREST POLICY ARE MADE AVAILABLE TO THE PUBLIC BY EMAIL REQUEST: EAJUS@EARTHJUSTICE.ORG. THE ORGANIZATION'S AUDITED FINANCIAL STATEMENTS ARE ALSO AVAILABLE ON THE ORGANIZATION'S WEBSITE. | |
| CHANGES IN NET ASSETS OR FUND BALANCES: | FORM 990, PART XI, LINE 5: | NET UNREALIZED GAINS ON INVESTMENTS: 3,288,308. CHANGE IN SPLIT INTEREST AGREEMENTS 414,568. TOTAL TO FORM 990, PART XI, LINE 5: 3,702,876. |
| AUDIT COMMITTEE AND OVERSIGHT | 990, PART XI, LINE 2C | THERE HAVE BEEN NO CHANGES TO THIS PROCESS FROM PRIOR YEAR. |
| FORM 990, PART III | EARTHJUSTICE IS A NON-PROFIT PUBLIC INTEREST LAW FIRM DEDICATED TO PROTECTING THE MAGNIFICENT PLACES, NATURAL RESOURCES, AND WILDLIFE OF THIS EARTH, AND TO DEFENDING THE RIGHT OF ALL PEOPLE TO A HEALTHY ENVIRONMENT. A PASSION FOR PRESERVING THE NATURAL WORLD AND A BELIEF IN THE POWER OF JUSTICE HAS GUIDED THE COURSE OF OUR WORK FOR MORE THAN FOUR DECADES. WE HAVE FOUGHT TO ESTABLISH MEANINGFUL ENVIRONMENTAL PROTECTIONS AND PUT FORTH A VISION FOR RESTORING THE EARTH TO ECOLOGICAL BALANCE. THE FULFILLMENT OF THIS VISION DOES NOT REST IN SOME UNNAMED, DISTANT FUTURE -- WE ARE MAKING PROGRESS RIGHT NOW. BECAUSE OF THE WORK WE DO EVERY DAY, THE EARTH'S SPECIAL PLACES ARE BETTER PROTECTED, COMMUNITIES ARE SAFEGUARDED FROM TOXIC POLLUTION, AND SOCIETY IS MOVING TOWARD A CLEAN ENERGY FUTURE. IN PARTNERSHIP WITH OUR HUNDREDS OF CLIENTS, ALLIES, FOUNDATIONS, SCIENTISTS, AND OUR STEADFAST SUPPORTERS, WE CONTINUE TO PURSUE FAR-REACHING, BIG-IMPACT LITIGATION. OUR UNMATCHED LEGAL EXPERTISE AND OUR LONG-TERM COMMITMENT TO ADDRESSING CRITICAL ENVIRONMENTAL ISSUES CONSISTENTLY YIELD SUCCESS. THIS PAST YEAR WE HAVE WON AMAZING VICTORIES THAT SERVE AS TESTAMENTS TO EARTHJUSTICE'S ROLE AS THE WORLD'S PREMIER ENVIRONMENTAL LAW FIRM AND PROVIDE REAL HOPE THAT A CLEANER, HEALTHIER PLANET IS POSSIBLE. | |
| CASE SUMMARIES | FORM 990, PART III | PROMOTING A CLEAN ENERGY FUTURE GREENHOUSE GAS REGULATIONS FOR DECADES WE HAVE BEEN USING OUR EXTENSIVE EXPERTISE IN THE CLEAN AIR ACT TO COMBAT AIR POLLUTION, AND WE ARE INCREASINGLY USING IT TO COMBAT GLOBAL WARMING. TO ENSURE GREENHOUSE GAS LIMITS EXTEND BEYOND NEW FACILITIES TO EXISTING ONES, WE AND OUR PARTNERS HAVE PUT EPA ON TRACK TO ESTABLISH PERFORMANCE STANDARDS FOR POWER PLANTS AND REFINERIES, WHICH TOGETHER COMPRISE ABOUT 40% OF U.S. GREENHOUSE GAS EMISSIONS, AND TO DETERMINE WHETHER GREENHOUSE GAS EMISSIONS FROM THE AVIATION SECTOR ENDANGER PUBLIC HEALTH AND THE ENVIRONMENT AND THEREFORE MUST BE REGULATED. OUR LITIGATION ALSO MOVED EPA TO PUT IN PLACE GREENHOUSE GAS REPORTING REQUIREMENTS THAT COVER THE VAST MAJORITY OF POLLUTING SECTORS, INCLUDING THE OIL AND GAS INDUSTRY, WHICH HAD ORIGINALLY BEEN EXCLUDED. CLEAN ENERGY TRANSMISSION EARTHJUSTICE IS ALSO WORKING TO ENCOURAGE A NEW KIND OF POWER GRID, ONE THAT FACILITATES A TRANSITION AWAY FROM FOSSIL FUELS AND TOWARD A CLEAN ENERGY FUTURE. TO THIS END, THIS YEAR WE DERAILED ONE PROPOSED ELECTRIC TRANSMISSION LINE AND ANOTHER WAS CONSEQUENTLY PUT ON HOLD. THESE LINES WERE INTENDED TO BRING POWER FROM SOME OF THE NATION'S DIRTIEST COAL-FIRED POWER PLANTS TO NEW MARKETS ON THE EAST COAST, WHICH WOULD PERPETUATE OUR RELIANCE ON DIRTY COAL-FIRED POWER. COAL PLANTS WE CONTINUED OUR WORK TO ENFORCE BEDROCK ENVIRONMENTAL LAWS TO STOP NEW COAL-FIRED POWER PLANTS AND TO FORCE DIRTY OLD PLANTS TO CLEAN UP OR SHUT DOWN. BUILDING ON OUR PAST SUCCESSES IN STOPPING COAL PLANTS IN STATES LIKE FLORIDA, MONTANA, WASHINGTON, AND NEW MEXICO, WE CONTINUED OUR FIGHT AGAINST THE SUNFLOWER PLANT IN KANSAS. A DISTRICT COURT HAS COMPELLED THE FEDERAL RURAL UTILITIES SERVICE TO ASSESS THE ENVIRONMENTAL IMPACTS OF ITS FINANCIAL APPROVALS THAT WOULD FACILITATE THE CONSTRUCTION OF THREE NEW COAL-FIRED POWER UNITS. OUR TENACIOUS PURSUIT OF EVERY LEGAL ANGLE TO ENFORCE ENVIRONMENTAL LAWS AT TRANSALTA, WASHINGTON STATE'S LAST REMAINING COAL PLANT, FORCED TRANSALTA AND THE STATE TO THE BARGAINING TABLE, WHICH PRODUCED AN AGREEMENT TO SHUT DOWN ONE UNIT BY 2020 AND THE ONLY OTHER UNIT BY 2025. OPENING ANOTHER FRONT TO REIN IN POLLUTION FROM COAL-FIRED POWER PLANTS, OUR LITIGATION OBTAINED A COMMITMENT BY EPA TO UPDATE ITS WOEFULLY OUTDATED STANDARDS FOR DISCHARGES OF TOXIC POLLUTION FROM COAL PLANTS INTO RIVERS AND STREAMS. COAL EXPORTS IN DECEMBER 2011, WE CHALLENGED A WASHINGTON COUNTY'S APPROVAL OF THE FIRST COAL EXPORT FACILITY IN THE WESTERN U.S. TO EXPORT COAL TO ASIA. WE UNCOVERED A SCHEME BY THE PROPONENT OF THE FACILITY TO STAGE THE PROCESS IN ORDER TO AVOID ENVIRONMENTAL REVIEW AND CONCEAL THE FACT THAT THE EXPORTS WOULD BE FIVE TIMES AS LARGE AS THE REPRESENTATIONS MADE TO THE REGULATORS. WITH ITS CREDIBILITY SEVERELY UNDERMINED, THE COMPANY WITHDREW THE PERMIT SHORTLY BEFORE THE TRIAL WAS SCHEDULED TO BEGIN, ALTHOUGH IT PLANS TO SEEK APPROVAL FOR THE WHOLE PROJECT IN THE FUTURE AND OTHER COAL EXPORT PROPOSALS ARE ON THE HORIZON. ENERGY EFFICIENCY THE QUICKEST, CHEAPEST WAY TO REDUCE GLOBAL WARMING POLLUTION IS TO USE LESS ENERGY. AND BECAUSE OF EARTHJUSTICE'S ADVOCACY, THE DEPARTMENT OF ENERGY IS DEVELOPING ENERGY EFFICIENCY STANDARDS AT AN UNPRECEDENTED RATE. IN AUGUST, A COURT OF APPEALS UPHELD ONE SUCH REGULATION SETTING EFFICIENCY STANDARDS FOR SMALL ELECTRICAL MOTORS THAT WE HAD SUPPORTED BOTH BEFORE THE AGENCY AND IN THE COURT CHALLENGE. THE STANDARDS WILL SAVE APPROXIMATELY 2% OF ANNUAL ENERGY CONSUMPTION OVER THE NEXT 30 YEARS AND WILL ELIMINATE THE NEED TO BUILD EIGHT NEW POWER PLANTS. WHILE MOST OF OUR ENERGY EFFICIENCY ADVOCACY HAS SOUGHT STRONG NATIONAL APPLIANCE STANDARDS, WE HAVE ALSO SOUGHT TO IMPROVE BUILDING ENERGY EFFICIENCY. MOST RECENTLY, WE SUCCESSFULLY DEFENDED A WASHINGTON STATE BUILDING CODE THAT SETS ENERGY EFFICIENCY REQUIREMENTS FOR NEW HOMES. PROTECTING OUR NATURAL HERITAGE OFFSHORE DRILLING THIS YEAR BROUGHT ONE OF THE MOST HORRIFIC DISASTERS OF OUR TIME - THE DEEPWATER HORIZON OIL SPILL. OUR LITIGATION FORCED THE FEDERAL AGENCIES TO CLOSE LOOPHOLES THAT EXEMPTING OFFSHORE DRILLING IN THE GULF FROM ENVIRONMENTAL LAWS AND TO DISCLOSE THE INGREDIENTS IN DISPERSANTS USED IN THE GULF. IN THE ARCTIC, WE AND OUR PARTNERS SUCCEEDED IN PREVENTING DRILLING IN THE PRISTINE ARCTIC OCEAN FOR THE FOURTH YEAR IN A ROW. FIGHTING TO KEEP FRACKING WASTES FROM CONTAMINATING THE MONONGAHELA RIVER WE CHALLENGED AN AGREEMENT THAT THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECRETLY ENTERED INTO WITH THE RONCO GAS WASTEWATER TREATMENT PLANT. THE AGREEMENT ALLOWED THE FACILITY, WHICH SITS ON THE BANKS OF THE MONONGAHELA RIVER, TO OPERATE UNDER A DEFICIENT PERMIT THAT AUTHORIZED DISCHARGES OF POLLUTANTS ABOVE LEGAL LIMITS INTO THE RIVER. WE PERSUADED THE AGENCY AND THE COMPANY TO ENTER NEGOTIATIONS TO ENSURE THE PLANT CAN PROPERLY TREAT GAS WASTES, INSTEAD OF DUMPING EFFLUENT INTO THE MONONGAHELA. KEEPING LAKE TAHOE HEALTHY OUR LITIGATION IS FORCING THE TAHOE REGIONAL PLANNING AGENCY TO CONDUCT A PROPER ENVIRONMENTAL REVIEW OF THE AGENCY'S SHORELINE DEVELOPMENT PLAN FOR LAKE TAHOE. A FEDERAL JUDGE OVERTURNED THE PLAN AUTHORIZING NEW CONSTRUCTION AND INCREASED TRAFFIC THAT WOULD HAVE IMPERIL WATER AND AIR QUALITY. SAVING SEA TURTLES FROM LONGLINE HOOKS OUR LEGAL TEAM SECURED VICTORIES IN 2011 PROTECTING SEA TURTLES IN BOTH THE WATERS OF HAWAII AND THE GULF OF MEXICO. A CASE IN HAWAII HAS FORCED THE FEDERAL GOVERNMENT TO REDUCE THE NUMBER OF THREATENED AND ENDANGERED SEA TURTLES ALLOWED TO BE HARMED AND KILLED BY THE SWORDFISH INDUSTRY'S LONGLINE FISHING VESSELS. ANOTHER LAWSUIT HAS FORCED THE FEDERAL GOVERNMENT TO RE-EVALUATE PROTECTIONS FOR SEA TURTLES FROM GULF OF MEXICO LONGLINE FISHERIES, WHICH TAKE TURTLES IN LARGE NUMBERS. THE COURT FAULTED THE FEDERAL AGENCY FOR FAILING TO RE-INITIATE ENDANGERED SPECIES CONSULTATION TO ACCOUNT FOR THE TOLL THAT THE DEEPWATER HORIZON DISASTER TOOK ON ENDANGERED SEA TURTLES. REINING IN CRUISE SHIP POLLUTION AN ALASKA COURT RULED IN OUR FAVOR IN OUR CHALLENGE TO A THREE-YEAR PERMIT THAT ALLOWED CRUISE SHIPS TO CONTINUE USING WHATEVER TECHNOLOGY THEY CURRENTLY EMPLOYED, EVEN THOUGH ALASKA LAW REQUIRES THE USE OF ECONOMICALLY FEASIBLE TREATMENT METHODS THAT ARE "THE MOST TECHNOLOGICALLY EFFECTIVE" IN CONTROLLING WASTES. NEW HOPE FOR CLEAN WATER IN FLORIDA SEWAGE, FERTILIZER AND MANURE ARE SPARKING REPEATED TOXIC ALGAE OUTBREAKS, FOULING FLORIDA WATERS WITH A NOXIOUS GREEN SLIME. THE TOXIC SLIME CAN MAKE PEOPLE AND ANIMALS SICK, CONTAMINATE DRINKING WATER, AND SHUT DOWN SWIMMING AREAS. A FEDERAL APPEALS COURT DENIED A LEGAL CHALLENGE FROM POLLUTING INDUSTRIES AND UPHELD A HISTORIC CLEAN WATER SETTLEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND EARTHJUSTICE. THE SETTLEMENT REQUIRES EPA TO SET LIMITS ON SEWAGE, FERTILIZER AND MANURE IN FLORIDA'S WATERWAYS. AS A RESULT OF THE VICTORY, FLORIDA'S WATER QUALITY, AND THE WELL-BEING OF ITS RESIDENTS AND WILDLIFE, WILL BE PROTECTED. EVERGLADES RESTORATION IS FURTHER ALONG DUE TO RULINGS IN OUR FAVOR IN THE LONGSTANDING EVERGLADES LITIGATION AND THE SUGAR DEAL THAT OUR LITIGATION TO ENFORCE THE CLEAN WATER ACT PLAYED A KEY ROLE IN PRECIPITATING. OF PARTICULAR NOTE, ON COLUMBUS DAY, THE INITIAL LAND ACQUISITION WITH U.S. SUGAR SET ASIDE NEARLY 27,000 ACRES OF FORMER EVERGLADES LAND, NOW USED FOR AGRICULTURE, FOR RESTORATION AND WATER QUALITY IMPROVEMENTS AND LEAVES OPEN THE POSSIBILITY OF FUTURE ACQUISITIONS OF THE REMAINING 153,000 ACRES. MOUNTAINTOP REMOVAL MINING OUR LEGAL ADVOCACY AND PUBLIC ENGAGEMENT SPURRED THE EPA TO TAKE THE HISTORIC STEP OF VETOING THE VALLEY FILL PERMIT FOR THE SPRUCE MINE, ONE OF THE LARGEST MOUNTAINTOP REMOVAL MINES EVER PROPOSED. WE ARE IN COURT DEFENDING THE VETO AS WELL AS NEW EPA POLICIES UNDERLYING THE VETO THAT HAVE ALSO COME UNDER ATTACK IN LAWSUITS BROUGHT BY THE COAL INDUSTRY, WEST VIRGINIA, AND KENTUCKY. NATIONAL FORESTS HAVING WORKED FOR DECADES TO STOP RAMPANT LOGGING AND ROAD BUILDING IN THE TONGASS NATIONAL FOREST, THE NATION'S LARGEST TEMPERATE RAIN FOREST, WE CELEBRATED AN ALASKA DISTRICT COURT'S DECISION TO VACATE THE BUSH ADMINISTRATION'S "TEMPORARY" EXEMPTION OF THE TONGASS FROM THE 2001 NATIONWIDE ROADLESS PROTECTION RULE. WE ARE DEFENDING THIS VICTORY IN THE FACE OF ALASKA'S APPEAL. WE ARE ALSO DEFENDING THE ENTIRE ROADLESS RULE IN A NEW LAWSUIT FILED BY THE STATE OF ALASKA AFTER THE TONGASS EXEMPTION DECISION AND IN WYOMING'S CHALLENGE TO THE RULE, WHICH WAS ARGUED IN MAY, 2010 IN THE TENTH CIRCUIT COURT OF APPEALS. |
| CASE SUMMARIES CONTINUED | FORM 990, PART III | THIS YEAR WE ACHIEVED OTHER VICTORIES FOR OUR NATIONAL FORESTS, INCLUDING PROTECTIONS FOR 600,000 ACRES OF ROADLESS AREA IN SOUTHERN CALIFORNIA, PROHIBITIONS ON OFF-ROAD VEHICLE USE IN AN AREA OF MONTANA'S ROCKY MOUNTAIN FRONT THAT IS HOME TO GRIZZLY BEARS, WOLVES, LYNX, WOLVERINES, AND BIGHORN SHEEP, PROGRESS IN OUR CHALLENGES TO BUSH ADMINISTRATION ROLL BACKS OF PROTECTIONS FOR THE SIERRA NEVADA NATIONAL FORESTS AND FOR WILDLIFE THAT DEPEND ON NORTHWEST OLD GROWTH FORESTS FOR THEIR SURVIVAL. OIL AND GAS DEVELOPMENT IN THE ROCKIES UNDER A SETTLEMENT OF OUR DUAL LAWSUITS, THE INTERIOR DEPARTMENT WILL RETHINK BUSH ADMINISTRATION REGULATIONS AND PLANS THAT OPENED TWO MILLION ACRES OF PUBLIC LAND TO OIL SHALE LEASING AND SET A BARGAIN-BASEMENT RATE ON ROYALTIES IN ORDER TO SUBSIDIZE DEVELOPMENT. WE ALSO CONTINUED SUCCESSFULLY TO DEFEND THE INTERIOR DEPARTMENTS DEFERRAL AND RE-ASSESSMENT OF OIL AND GAS LEASES, INCLUDING NEAR ARCHES AND CANYONLANDS NATIONAL PARKS, RUSHED THROUGH IN THE WANING DAYS OF THE BUSH ADMINISTRATION. MAKUA OUR LITIGATION HAS SPURRED THE ARMY TO ANNOUNCE THAT IT IS ABANDONING LIVE-FIRE TRAINING AT THE MAKUA MILITARY RANGE ON OAHU, WHICH HAD PREVIOUSLY CAUSED FIRES THAT DEVASTATED SENSITIVE ENVIRONMENTS AND CULTURAL SITES. OUR LITIGATION IS ALSO FORCING THE ARMY TO ASSESS THE FULL EXTENT OF CONTAMINATION OF MARINE RESOURCES. SAFEGUARDING OUR HEALTH TOXIC POLLUTANTS TOXIC POLLUTANTS LIKE LEAD, ARSENIC, AND MERCURY AREN'T VISIBLE IN THE AIR, BUT THEY'RE THERE BY THE TON. SEVERAL OF THIS YEAR'S VICTORIES WILL KEEP MILLIONS OF TONS OF TOXIC CHEMICALS OUT OF THE AIR WE BREATHE, SAVING THOUSANDS OF LIVES EVERY YEAR. OUR WINS ARE LEADING TO STRONGER EMISSION CONTROLS ON BOILERS, INCINERATORS, POWER PLANTS, AND VINYL PLANTS. WE ALSO SPURRED EPA TO REPEAL A RULE THAT HAD ALLOWED INDUSTRIES TO BURN HAZARDOUS WASTES WITHOUT ANY PROTECTIONS FOR PUBLIC HEALTH. NITROGEN OXIDES AND SULFUR OXIDES, WHICH MOSTLY COME FROM BURNING OIL AND COAL, ARE AIR POLLUTANTS THAT INFLAME THE LUNGS, MAKE ASTHMA WORSE, AND CAUSE OTHER CARDIOVASCULAR PROBLEMS. NITROGEN OXIDES ALSO CONTRIBUTE TO SMOG. TEN YEARS OF EARTHJUSTICE LITIGATION PAID OFF THIS YEAR, WHEN EPA ISSUED NEW RULES TO REDUCE THESE EMISSIONS FROM U.S.-FLAGGED SHIPS: NITROGEN OXIDES WILL BE REDUCED 80% BY 2016. OUR LITIGATION IMPELLED EPA TO ESTABLISH TOUGHER STANDARDS FOR TOXIC AIR POLLUTION EMITTED BY CEMENT KILNS, ONE OF THE NATION'S WORST INDUSTRIAL POLLUTERS. THESE PROTECTIONS WILL CUT EMISSIONS OF MERCURY AND PARTICULATE MATTER BY 92 PERCENT, SAVING AS MANY AS 2,500 LIVES EVERY YEAR. WE ARE ALSO CONTINUING TO REDUCE OUR NATION'S SMOG. SMOG'S MAIN COMPONENT IS OZONE - BENEFICIAL IN THE UPPER ATMOSPHERE, BUT DANGEROUS AT GROUND LEVEL. SIGNIFICANT SOURCES INCLUDE POWER PLANTS, AUTOMOBILES, AND INDUSTRIAL FURNACES AND BOILERS. THE EPA'S OWN SCIENCE ADVISORS RECOMMEND STRICT LIMITS ON OZONE EMISSIONS. BUT EPA IN THE BUSH ADMINISTRATION REJECTED THOSE RECOMMENDATIONS WHEN IT ISSUED NEW LIMITS THAT WEREN'T AS PROTECTIVE AS THE SCIENTISTS FOUND NECESSARY. OUR LITIGATION IS CHALLENGING THOSE WEAK STANDARDS AND LED EPA UNDER LISA JACKSON TO PROPOSE TO STRENGTHEN THE STANDARDS. TOXIC CHEMICALS AND THE PUBLIC'S RIGHT TO KNOW DUE TO OUR ADVOCACY, THE EPA HAS NOW RELEASED DOZENS OF HEALTH AND SAFETY STUDIES THAT WERE PREVIOUSLY CLAIMED TO BE CONFIDENTIAL BUSINESS INFORMATION. IN ADDITION TO THESE RELEASES, OUR FREEDOM OF INFORMATION ACT LAWSUIT HAS PRODUCED THE IDENTITIES OF INGREDIENTS IN THE DISPERSANTS ALLOWED TO BE USED TO RESPOND TO OIL SPILLS, AS WELL AS 80 HEALTH AND SAFETY STUDIES RELATED TO THE DISPERSANTS. NEW YORK STATE PASSED A LAW MORE THAN 30 YEARS AGO REQUIRING MANUFACTURERS OF HOUSEHOLD CLEANING PRODUCTS TO REPORT THE CHEMICAL INGREDIENTS IN THEIR PRODUCTS AND ANY HEALTH RISKS THEY POSE. NOT ONE MANUFACTURER REPORTED ITS CHEMICAL INGREDIENTS OR RELATED HEALTH RISKS UNTIL EARTHJUSTICE FILED A LAWSUIT. AS A RESULT OF THAT SUIT, NEW YORK STATE'S DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS COMMITTED TO ENFORCE THE LAW AND IS ESTABLISHING REQUIREMENTS FOR HOUSEHOLD CLEANER MANUFACTURERS TO FILE CHEMICAL DISCLOSURE REPORTS. THIS FIRST-OF-ITS-KIND POLICY WILL HAVE NATIONAL IMPLICATIONS, AS INFORMATION REPORTED TO NEW YORK WILL BECOME AVAILABLE TO CONSUMERS NATIONWIDE. PESTICIDES OUR SUCCESSFUL LEGAL SETTLEMENT REQUIRED THE EPA TO PROPOSE A NEW RULE THAT WOULD EXTEND PROHIBITIONS ON UNETHICAL STUDIES TO ALL RESEARCH ON PESTICIDES AND WOULD CLOSE A LOOPHOLE THAT ALLOWED PARENTS OR GUARDIANS TO CONSENT TO TESTING ON CHILDREN OR WARDS OF THE STATE. ANOTHER EARTHJUSTICE LAWSUIT HELPED SPUR EPA TO BAN ON THE PESTICIDE ENDOSULFAN, A MEMBER OF THE SAME CHEMICAL FAMILY AS DDT THAT BIOACCUMULATES IN POLAR BEARS, WHALES AND PEOPLE. WE SETTLED ANOTHER LAWSUIT WHICH PUT EPA ON A SCHEDULE TO DECIDE WHETHER TO BAN CHLORPYRIFOS, A PESTICIDE DERIVED FROM NERVE GASES DEVELOPED BY THE NAZI'S THAT POISONS WORKERS AND INNOCENT BYSTANDERS AND IS ASSOCIATED WITH BRAIN DEVELOPMENT IMPAIRMENTS IN CHILDREN. TOXIC LANDFILL IN DECEMBER 2010, THIRTY YEARS AFTER THE BROOKFIELD LANDFILL ON STATEN ISLAND WAS SHUT DOWN OVER AN ILLEGAL DUMPING SCANDAL, NEW YORK CITY SIGNED A COURT SETTLEMENT AGREEING TO A 2013 DEADLINE FOR CLEANUP. THE CLEANUP HAS BEGUN AND, ONCE IT IS COMPLETE, THE CITY INTENDS TO TURN THE FORMER TOXIC WASTELAND INTO A COMMUNITY PARK. |
| SCHEDULE OF COURT AWARDED ATTORNEY FEES & COSTS | FORM 990, PART III | 000145 HD MTS. ROADLESS CBM DEV 2,551.31 000558 PACIFIC LUMBER-BEAR CREEK 13,545.00 001102 APPEALS REG CHALLENGE 1,145.49 001108 GALLATIN TRAVEL PLAN II 397.65 001122 SMOKY CANYON MINE EXPANSION 1,674.54 001132 WYOMING ROADLESS 116.62 001134 YELLOWSTONE GB DELISTING 350.43 001151 DEEP CREEK MTNS RS 2477 784.38 001163 INYO COUNTY, CA 2477 CASE 4,181.03 001164 JARBIDGE RS 2477 INTERVENTION 445.05 001167 MISSOURI BREAKS NM 170.84 001219 KAUA'I SEABIRDS ESA TAKE 9,908.34 001221 MAKUA EIS 22,746.23 001307 CHUKCHI OCS LEASE SALE 193 2,463.21 001316 JUNEAU ACCESS PROJECT 180.21 001329 OCS OIL 4,500.00 001346 TONGASS ROADLESS EXEMPTION 1,630.02 001361 DEER CREEK TEMPERATURE 843.46 001362 DELTA SMELT BIOP 1,261,809.61 001367 KEEP TAHOE BLUE 465.60 001382 SALMON OCAP BIOP 1,419,193.72 001388 SIERRA FRAMEWORK CHALLENGE 888.88 001404 1999 HYDRO ESA 3,671.71 001408 BUSH ROADLESS REPEAL 1,599.50 001419 FARMWORKER PESTICIDES 194,273.12 001435 KLAMATH TAKINGS INTERVENTION 363.99 001438 MODESTO INTERVENTION I & II 403.71 001440 MUNICIPAL STORMWATER 307.58 001452 PESTICIDE TESTING ON HUMANS 19,520.44 001464 TIDEGATES 162.75 001494 2000 MACT DEADLINE 90,043.52 001504 CAA PLYWOOD PLANTS STANDARDS 30,634.20 001554 SSM PLANS & RECONSIDERATION 69.65 001605 AZ STRIP PLAN 999.23 001620 DEER CREEK APPEAL 167.73 001633 OWL RECOVERY PLAN 1,301.65 001641 YOSEMITE R.S. 2477 47.06 001654 GRAHAM'S PENSTEMON 306.60 001668 SAN PEDRO FORT HUACHUCA BO 199.19 001693 NATIONAL ELK REFUGE 488.60 001700 DC NON-DAILY TMDLS 27,113.85 001711 WEST ELK COAL METHANE DRILLING 289.74 001713 PVC DEADLINE CASE 54.85 001715 GLEN CANYON FLOWS 2,029.63 001721 GRAY WOLF 10(J) 210.56 001736 CALIFORNIA AG EXEMPTION 10,416.59 001739 ROCK CREEK II 1,305.40 001750 NFMA REGS 2008 227,333.06 001761 JARBIDGE - 2005 ROD 992.53 001769 COGCC RULEMAKING 46.18 001770 ROAN PLATEAU 1,239.62 001773 NUMERIC NUTRIENT CRITERIA 3,073.30 001776 APPLE MOTH 15,825.17 001778 TMDL II 623.04 001779 SOCAL FOREST PLANS 242,145.61 001788 BROOKFIELD LANDFILL 51,704.25 001789 KAUA'I SEABIRDS ESA TAKE COK 61.13 001792 HORSE BUTTE INTERVENTION 76.80 001802 01CHEVRON EXPANSION 657.89 001810 CARLSBAD CEC INTERVENTION 1,280.17 001813 CLEANING PRODUCT CHEMICAL 2,638.45 001819 PETROLEUM REFINERY NSPS 85.24 001837 DEFINITION OF SOLID WASTE 3,982.28 001844 BPA NINTH CIRCUIT FCRPS BIOP C 279.72 001850 WOLF DELISTING II 1,379.88 001854 2008 DEADLINES 424.49 001856 UTAH RMP AND LEASE SALE CHALLE 128.64 001859 IDAHO ROADLESS RULE 1,014.93 001862 STEAM BUFFER ZONE RULE 11,553.61 001863 SEA LEVEL TIMBER SALE 50,851.56 001864 OIL SHALE - RESOURCE MANAGEMEN 254.67 001866 CENTRALIA COAL PLANT 1,140.68 001869 FACTORY FARM EXEMPTIONS 1,670.46 001884 24ALBERTA CLIPPER PIPELINE 1,110.14 001891 ALTMAN MINE DUE PROCESS CHALLE 778.91 001893 ALTMAN MINE REZONING 901.96 001901 FALSE KILLER WHALES TAKE REDUC 697.96 001908 MONTGOMERY COUNTY MS4 1,432.61 001916 GHG REPORTING RULE 1,024.58 001918 COHO ITP 448.13 001921 DELTA SMELT INTERVENTION 337.80 001922 EPACT WWEC 903.37 001927 GROUNDWATER PERMITTING STOCK-W 1,864.41 001932 COOIL AND GAS RULES LITIGATION 169.48 001936 UTAH WILDERNESS LEASE INTERVEN 1,411.28 001938 SON OF FEMA 67.10 001939 SHELL OCS EXPLORATION PLN 2010 13,781.80 001944 SUNFLOWER AIR PERMIT 35,704.85 001956 PATH TRAIL 5,084.70 001959 LYNX CRITICAL HABITAT INTERVEN 1,101.92 001962 SALMON BIOP INTERVENTION 2,756.98 001976 HI CLEAN ENERGY PLANNING FRAME 77.43 001978 ELK CREEK EAST TRACT COAL MINE 1,357.06 001979 TURTLE BAY AMICUS BRIEF 28.94 001983 BADGER-TWO MEDICINE TRAVEL PLA 277.38 001985 PIKA CESA II 1,457.26 001990 TVA SCRUBBER PERMIT APPEAL 2,159.81 001993 SALMON-CHALLIS TRAVEL PLAN 2,827.90 001998 COAL PREP PLANT NSPS 60.12 002002 GULF LONGLINES & SEA TURTLES 2 257.47 002005 HAWAII FEED-IN TARIFFS 142.23 002007 WA TDG WAIVER STANDARD 238.77 002008 OTTER CREEK COAL LEASE 652.96 002009 NEW ENGLAND HERRING FISHERY OB 12,000.00 002016 HMIWI INTERVENTION 54.71 002017 PM2.5 NSR GRANDFATHERING INTER 35.03 002019 SHELL CHUKCHI SEA 2010 CLEAN A 1,859.52 002026 CLARK COUNTY AGREED ORDER 23,581.44 002031 CLARK COUNTY ENFORCEMENT ACTIO 351.71 002032 GRID INTERCONNECTION RULE AMEN 56.68 002033 GHG ENDANGERMENT FINDING 233.32 002034 PRINCEVILLE RESORT ESA TAKE 52,579.31 002035 185 FEE GUIDANCE 1,019.72 002038 FISHER WARRANTED BUT PRECLUDED 545.25 002039 METHYL IODIDE DPR 783.56 002042 24EU AIRCRAFT GHG EMISSIONS 1,963.24 002043 EKPC LIEN ACCOMMODATION 1,016.72 002044 FOUR CORNERS PSD 90.40 002046 24NON-ROAD & AIRCRAFT GHGS CAA 387.86 002052 PATH WV & MD 377.84 002057 SJV 8-HOUR OZONE DEADLINE 11,497.00 002065 PIKE SAN ISABEL MOTOR VEHICLE 1,011.11 002067 STANISLAUS TMP 614.36 002068 TEXAS POWER PLANTS 425.13 002072 NA WAI 'EHA TREATMENT 350.17 002073 CHLORPYRIFOS UNREASONABLE DELA 745.20 002076 OIL DISPERSANTS 515.67 002077 SALMON PESTICIDE BIOP DEFENS 268.50 002078 SALMON PESTICIDE BIOP ENFORCEM 543.88 002079 WA BUILDING CODE PREEMPTION 1,514.63 002081 HUNTERS POINT SHIPYARD EIR 2,152.78 002084 PATH MD 726.68 002086 TRANSALTA CENTRALIA COAL PLANT 29.47 002087 6TH POWER PLAN 687.91 002088 GALLATIN WINTER USE 671.46 002090 LUMINANT POWER PLANT ENFORCEM 249.75 002097 CAR & TRUCK GREENHOUSE GAS LIM 26.48 002098 STATOIL ARCTIC SEISMIC 2010 500.00 002099 GULF OF MEXICO SEISMIC 41.19 002100 FEMA FOIA 20.93 002101 PSD RULE DEFENSE 2010 28.64 002103 KITTITAS EXEMPT WELL AMICUS 65.39 002110 CWA DISPERSANT CHALLENGE 170.91 002112 SO2 NAAQS 107.54 002115 MTR NMA INTERVENTION 850.43 002116 SMALL ELECTRIC MOTORS AMICUS 78.41 002125 RUSSIAN RIVER GRAVEL MINING 755.94 002126 CEMENT KILNS IV 987.55 002127 SPENCER CREEK BIOP 151.35 002128 LONGVIEW COAL EXPORT 1,002.24 002130 UTAH RMP CHALLENGE #2 584.00 002131 WESTERN ENERGY ALLIANCE PROTES 1,073.70 002138 MARC I 1,999.43 002143 SEAFOOD SAFETY 73.00 002144 TRANSALTA COAL PLANT DEADLINE 6,197.92 002156 ALASKA NPDES DELEGATION 132.21 002157 PM2.5 INCREMENTS 474.00 002168 WASHINGTON REFINERIES' GHG RAC 221.71 |
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