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 DEFENSE FUND INC
Employer identification number
11-6107128
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.") ....
126,116,250
52,480,737
94,076,678
110,051,773
144,945,207
527,670,645
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
4
Total. Add lines 1 through 3
126,116,250
52,480,737
94,076,678
110,051,773
144,945,207
527,670,645
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)..
166,248,370
6
Public support. Subtract line 5 from line 4.
361,422,275
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..
126,116,250
52,480,737
94,076,678
110,051,773
144,945,207
527,670,645
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
921,474
919,296
1,245,389
1,281,695
1,219,620
5,587,474
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
27,135
5,904
25,646
58,685
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
901,908
517,114
555,383
539,498
378,146
2,892,049
11
Total support (Add lines 7 through 10).
536,208,853
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
67.403 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
77.960 %
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.") .
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.)
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...
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.)..
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
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
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 DEFENSE FUND INC
Employer identification number
11-6107128
Identifier
Return Reference
Explanation
STATEMENT OF PROGRAM SERVICE ACCOMPLISHMENTS
PART III, PAGE 2:
1. CLIMATE AND ENERGY - NEW CARBON-CUTTING PROGRAMS IN CHINA AND CALIFORNIA, U.S. ACTION TO SLASH CARBON POLLUTION FROM POWER PLANTS AND TRANSPORTATION, AND AN AMBITIOUS NEW STRATEGY FOR THE ELECTRIC GRID ALL OFFER HOPE THAT WE CAN AVERT THE WORST IMPACTS OF CLIMATE CHANGE. THIS YEAR, CHINA LAUNCHED THE FIRST OF SEVEN CARBON TRADING PILOT PROGRAMS, WITH EDF PROVIDING TECHNICAL SUPPORT AND TRAINING. IN CALIFORNIA, A MANDATORY, DECLINING CAP ON CARBON THAT EDF HELPED DESIGN TOOK EFFECT THIS YEAR, AND THE STATE'S CARBON AUCTIONS RAISED ALMOST $400 MILLION FOR CLEAN ENERGY INVESTMENTS. EDF IS WORKING IN A TOTAL OF NINE STATES THAT MAKE UP NEARLY HALF THE U.S. ENERGY MARKET TO STRENGTHEN CLEAN ENERGY REQUIREMENTS AND REMOVE OBSTACLES TO INVESTMENT. EDF ALSO LAUNCHED A SERIES OF EFFORTS TO MEASURE AND REDUCE METHANE EMISSIONS. 2. OCEANS - DECADES OF OVERFISHING AND FAULTY MANAGEMENT HAVE DEVASTATED OCEAN FISHERIES AND COASTAL COMMUNITIES. BUT NOW NEARLY TWO-THIRDS OF THE FISH CAUGHT IN U.S. WATERS ARE BEING MANAGED USING A POWERFUL METHOD THAT EDF ADVOCATES, CALLED CATCH SHARES. THIS YEAR WE SAW THE COMMERCIAL RED SNAPPER FISHERY IN THE GULF OF MEXICO--NEAR COLLAPSE IN 2007 BEFORE EDF HELPED INTRODUCE A CATCH SHARE MANAGEMENT PROGRAM--CONTINUE ITS REMARKABLE RECOVERY. CATCH SHARES EMPOWER FISHERMEN TO BE STEWARDS, BOOSTING PROFITS AND FISH POPULATIONS. AS A RESULT OF THE SUCCESS OF THE U.S. PROGRAMS, EDF HAS BEEN ASKED TO HELP DESIGN CATCH SHARES IN PLACES RANGING FROM MEXICO TO BELIZE, EUROPE AND INDONESIA. IN BELIZE, EDF TEAMED UP WITH THE WILDLIFE CONSERVATION SOCIETY AND LOCAL PARTNERS, AND ILLEGAL FISHING IS DOWN BY MORE THAN 60%. 3. ECOSYSTEMS - THROUGH ON-THE-GROUND PARTNERSHIPS IN 12 STATES, EDF IS HELPING FARMERS SAVE MONEY, IMPROVE WILDLIFE HABITAT AND REDUCE POLLUTION WITHOUT SACRIFICING YIELDS. HISTORICALLY, FARMERS OFTEN APPLIED TOO MUCH FERTILIZER, WITH AS MUCH AS HALF NOT BEING TAKEN UP BY CROPS, INSTEAD POLLUTING AIR AND WATER. TO CUT THIS WASTE AND POLLUTION, EDF IS WORKING WITH UNIVERSITES, FARM GROUPS AND COMPANIES INCLUDING WALMART AND SMITHFIELD FOODS TO HELP FARMERS USE BETTER DATA AND FIELD IMAGERY TO DETERMINE HOW MUCH FERTILIZER THEIR CROPS REALLY NEED. EDF ALSO INTRODUCED HABITAT EXCHANGES THAT LET LANDOWNERS EARN CREDITS FOR RESTORING WILDLIFE HABITAT ON THEIR LAND. ON THE GULF COAST, EDF IS HELPING TO GUIDE THE RESTORATION OF ECOSYSTEMS HARMED BY THE 2010 BP OIL SPILL, WITH AN INITIAL $1.25 BILLION OF BP PENALTIES ALLOCATED SO FAR. 4. HEALTH - WALMART ANNOUNCED A NEW POLICY, WHICH EDF HELPED DEVELOP, TO BEGIN PHASING OUT SOME POTENTIALLY HARMFUL INGREDIENTS FOUND IN EVERYDAY PRODUCTS SUCH AS SHAMPOO, BABY LOTION, COSMETICS AND AIR FRESHENERS, AND REPLACE THEM WITH SAFER INGREDIENTS. EDF ALSO HELPED STRENGTHEN AND ADVANCE A BILL IN CONGRESS TO REFORM THE NATION'S CHEMICALS LAW. NEW YORK CITY RESIDENTS ARE BREATHING THE CLEANEST AIR IN 50 YEARS, THANKS TO A PARTNERSHIP BETWEEN THE CITY AND EDF TO PHASE OUT THE DIRTIEST KINDS OF HEATING OIL, A PROGRAM THAT HAS SAVED 800 LIVES A YEAR. EDF ALSO IS DEFENDING ENVIRONMENTAL PROTECTION AGENCY STANDARDS TO ELIMINATE 90% OF TOXIC MERCURY EMISSIONS FROM POWER PLANTS AND SUPPORTING CLEANER FUEL AND VEHICLE STANDARDS THAT WILL CUT NITROGEN OXIDES,PARTICULATES AND VOLATILE ORGANIC COMPOUNDS FROM NEW CARS BY MORE THAN 70%. THE THREATS TO OUR ENVIRONMENT ARE URGENT, BUT THEY CAN BE SOLVED. EDF'S 440 SCIENTISTS, ECONOMISTS, LAWYERS AND POLICY EXPERTS PARTNER WITH OTHERS TO FIND PRACTICAL SOLUTIONS. WE'RE HOPEFUL BECAUSE, WITH OUR PARTNERS, WE'VE DEVELOPED A SET OF POLICY TOOLS THAT HAVE DELIVERED EXTRAORDINARY RESULTS. IF WE BRING THESE TO SCALE IN TIME, THEY WILL DO THE JOB. WE'RE HOPEFUL, TOO, SINCE MORE PEOPLE ARE JOINING WITH US TO BUILD THESE SOLUTIONS, AND SINCE URGENCY PUTS PRESSURE ON LEADERS TO TAKE ACTION. A MORE COMPREHENSIVE REPORT OF EDF'S PROGRAM SERVICE ACCOMPLISHMENTS FOR THE YEAR IS AVAILABLE ONLINE AT WWW.EDF.ORG/ANNUAL-REPORTS/2013.
Governance, Management, and Disclosures
Review of Form 990
Part VI, Section B, Line 11b Form 990, Part VI, Section B, Line 11b - The Form 990 is prepared by EisnerAmper LLP, based on financial statements audited by EisnerAmper and other internally generated information by the Environmental Defense Fund's Finance Department. The Form is further reviewed by EDF's Finance Department (which provides independent verification of certain information) and members of Senior Management. The Audit Committee then reviews any significant issues or judgments relating to disclosures in EDF's Form 990. Finally, copies are provided to the full Board of Directors for their comment prior to filing with the IRS. Monitoring of Conflict of Interest Policy Part VI, Section B, Line 12a It is the responsibility of all Trustees and employees of the Environmental Defense Fund to familiarize themselves with this Policy and to comply and to ensure compliance of related parties with it. In addition to the disclosures required by this Policy, annually each Trustee and employee is provided with a statement to complete and return indicating that they have read, understand and are in compliance with this Policy. For both Trustees and employees, there is a process where the annual statement of compliance may be effected and transmitted via e-mail or other electronic means. Trustees who knowingly or unknowingly violate this Policy are subject to censure or removal, at the discretion of the Board of Trustees. Employees who knowingly or unknowingly violate this Policy will be subject to disciplinary action, including possible dismissal. Determination of Compensation of the President Part VI, Section B, Line 15 EDF uses a Human Relations Committee to evaluate the compensation of the President of the organization who is the highest-ranking employee. The Human Relations Committee of the Board of Trustees is composed of three independent Trustees and the Chairman of the Board who meet annually to assess the President's performance and compensation. The Human Relations Committee uses the services of an independent compensation consultant to provide demographic and comparative salary information for peer-group organizations, with focus on the President/CEO. The compensation consultant provides information from surveys, public disclosures of other charities, and proprietary sources. The Committee reviews this information, discusses the findings amongst themselves and not in the presence of the President of the organization. The Committee has a portion of its meeting where it does discuss compensation and performance with the President but the decision-making segments of the meeting are held in executive session. Minutes of the meeting are kept and retained by the Chair of the Human Relations Committee. The Human Relations Committee is aware of the compensation amounts for other key employees and senior management team members but the decisions governing their compensation are the purview of the President of the organization. Public Availability of Governing Documents Part VI, Section C, Line 18 EDF was formed in 1967 and a copy of Form 1023 is unavailable from this early period of time. Part VI, Section C, Line 19 EDF makes available three years worth of the following disclosure documents on our web site www.edf.org 1. Our Annual Report 2. Our consolidated and consolidating audited financial statements 3. Our Form 990 informational tax returns and those of related organizations Other governing documents such as By-Law changes and Conflict of Interest policies are included with Form 990 returns in the years there are changes or when they are required.
PART 1X - OTHER FEES FOR SERVICES
LINE 11G
PROFESSIONAL FEES FOR SERVICES RELATED TO PROGRAM ACTIVITIES- $19,931,791 PROFESSIONAL FEES FOR SERVICES RELATED TO MEMBERSHIP DIRECT MAIL PLAN $324,536
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.