Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Environmental Law Institute
Employer identification number
52-0901863
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
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
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)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
5,675,165
4,383,787
4,352,079
4,133,441
4,530,083
23,074,555
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......
591,080
624,603
627,267
642,991
980,251
3,466,192
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
6,266,245
5,008,390
4,979,346
4,776,432
5,510,334
26,540,747
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
204,747
607,112
307,377
156,930
134,536
1,410,702
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.
0
c
Add lines 7a and 7b..
204,747
607,112
307,377
156,930
134,536
1,410,702
8
Public support (Subtract line 7c from line 6.)
25,130,045
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
6,266,245
5,008,390
4,979,346
4,776,432
5,510,334
26,540,747
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
273,195
224,467
249,959
272,286
283,231
1,303,138
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
273,195
224,467
249,959
272,286
283,231
1,303,138
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
4,815
138,977
6,303
2,022
415
152,532
13
Total support. (Add lines 9, 10c, 11, and 12.)..
6,544,255
5,371,834
5,235,608
5,050,740
5,793,980
27,996,417
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
89.762 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
89.446 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
4.655 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
4.736 %
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Environmental Law Institute
Employer identification number
52-0901863
Identifier
Return Reference
Explanation
FORM 990
PART VI, SECTION A, QUESTION 11:
The ELI by-laws direct that the Audit and Governance Committee annually review the IRS Form 990 prior to its submission. The 990 process starts with the ELI Director of Finance providing all financial data and process descriptions to the outside auditor. The outside auditing team then generates the first draft of the formatted 990 which is then completely reviewed by ELI finance personnel for accuracy and completion. When that review is complete, the draft is provided to the Audit and Governance Committee and ELI Leadership for their review. ELI staff and outside auditors provide briefings on the 990 document and make changes as needed. Once the Committee has approved the draft, it is transmitted to the full Board of Directors for their comment and review. When that review is complete, and any additional changes made, the Vice President for Finance and Administration and the outside auditor sign the form and submits it to the IRS. In its compliance oversight role, the Audit and Governance Committee is also responsible for reviewing ELI policies, ELI's accounting systems and internal financial controls, and other governance issues including implementation of the whistleblower and conflict of interest policies.
CONFLICT OF INTEREST POLICY
PART VI, SECTION B, QUESTION 12:
On an annual basis, officers and directors are required to complete and sign a conflict of interest statement in accordance with ELI by-laws. This statement confirms that the Board member has no known or potential conflicts or that he or she has disclosed such conflict. Each director and officer must provide this form to the ELI General Counsel for review. Should a question or issue arise which requires input from or a decision by the A&G Committee, the ELI GC will provide the relevant form(s) to the A&G Committee for review. In addition, officers and directors are instructed to disclose any new conflict, whether actual or potential, whenever it arises. All board members and officers must complete the conflict of interest statement. In the case of a congressional member, this requirement is satisfied by completion of the statutorily required financial disclosure form per the Ethics in Government Act of 1978, as amended, which will also be reviewed by the ELI GC. In addition, the Vice President for Finance and Administration and staff will track and report any payment made by ELI to any director for any reason (which may include reimbursement of travel expenses related to an ELI event). ELI will also track any payments made by it to companies for which a director may work. If any such payments are made, the Audit and Governance Committee will be advised so that they can also review such payments.
DISCLOSURE
PART VI, SECTION C, QUESTION 19:
Copies of the ELI Annual Report, the ELI Financial Statements, and the IRS Form 990 are publically available on the ELI website. In addition, ELI gives notice on its web site that these documents are also available in paper form on request.
PROCESS FOR DETERMINING COMPENSATION
PART VI LINE 15B:
The process for determining and reviewing the management compensation for the President is governed by ELI By-Laws which require an annual review by the Executive Committee. That review is often done using existing data from comparable organizations in relevant geographical areas as well as performance review.
OTHER CHANGE IN NET ASSETS AND FUND BALANCE
PART XI LINE 9:
THE OTHER CHANGE IN NET ASSETS IS PROVISION FOR LOSS OF $38,500
Organization's Mission (Continued from page 2)
Form 990, Part III, line 1:
ELIS AUDIENCE IS LEADING ENVIRONMENTAL PROFESSIONALS IN GOVERNMENT, INDUSTRY, PUBLIC INTEREST GROUPS AND ACADEMIA.
Research and Policy Division (Continued from page 2)
From 990, Part III, line 4a, program service accomplishments:
Highlights included workshops and capacity building on forestry in Liberia and South Sudan, water security in Jordan and the Philippines, and biodiversity in Bhutan. Our staff is also working with farmers in Chiapas, Mexico, developing ways to strengthen climate resilience in their communities. This year, ELI released a paper on strengthening state radon policy, a report on water quality and quantity in the U.S. West, and a handbook on wind siting for policymakers. ELI also worked in Alaska helping indigenous communities protect their subsistence marine resources, in the mid-west working to protect wetlands, wildlife habitat and reduce flood hazards, and in the Gulf of Mexico helping to strengthen citizen engagement in processes that affect their livelihoods and communities. ELI also published an overview of relevant Gulf legislation and agreements arising from the Deepwater Horizon trial. A 2012 highlight was ELI's significant presence at the Rio+20 UN Conference on Sustainable Development. ELI co-sponsored three important legal conferences, was a delegate to the large judicial conference, and presented seminars on issues ranging from sustainability to the post-conflict handling of natural resources. ELI was specifically commended at the Rio Supreme Court in a presentation by a Justice of their Supreme Court.
Publications Division (Continued from page 2)
Form 990, Part III, line 4b, Program service accomplishments:
The Environmental Law Reporter remains the most cited publication of its type in the nation, and draws premier authors on current legal events.
Education Division (Continued from page 2)
Form 990, Part III, line 4c, Program Service Accomplishments:
We also videotape some of our events, including a key event on the 2012 election held at the National Press Club; the event recording is available to the public on our website. We also held a successful conference on sustainable cities, made possible by IBM, that attracted an array of government, business, and citizen groups eager to learn about this critical area.
significant change to governing document
part vi line 4
the bylaws of the organization were revised during the year and adopted on June 6, 2012.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.