Attach to Form 990 or Form 990-EZ.
Go to
www.irs.gov/Form990 for instructions and the latest information.
| (i) Name of supported organization | (ii) EIN | (iii) Type of organization (described on lines 1- 10 above (see instructions)) | (iv) Is the organization listed in your governing document? | (v) Amount of monetary support (see instructions) | (vi) Amount of other support (see instructions) | |
|---|---|---|---|---|---|---|
| Yes | No | |||||
| (A)
EARTHJUSTICE |
941730465 | 7 | Yes | 51,533 | 0 | |
|
Total 1
|
51,533 | 0 | ||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (f) Total | |
|---|---|---|---|---|---|---|---|
| 1 | Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grant.") .. | ||||||
| 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. | ||||||
Calendar year
(or fiscal year beginning in)
![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (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 VI.).. | ||||||
| 11 | Total support. Add lines 7 through 10 | ||||||
Calendar year (or fiscal
year beginning in) ![]() |
(a) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (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) 2019 | (b) 2020 | (c) 2021 | (d) 2022 | (e) 2023 | (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 on 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 VI.) .. | ||||||
| 13 | Total support. (Add lines 9, 10c, 11, and 12.).. | ||||||
| Section A - Adjusted Net Income | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Net short-term capital gain | 1 | ||||
| 2 | Recoveries of prior-year distributions | 2 | ||||
| 3 | Other gross income (see instructions) | 3 | ||||
| 4 | Add lines 1 through 3 | 4 | ||||
| 5 | Depreciation and depletion | 5 | ||||
| 6 | Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of income (see instructions) | 6 | ||||
| 7 | Other expenses (see instructions) | 7 | ||||
| 8 | Adjusted Net Income (subtract lines 5, 6 and 7 from line 4) | 8 | ||||
| Section B - Minimum Asset Amount | (A) Prior Year |
(B) Current Year (optional) |
||||
| 1 | Aggregate fair market value of all non-exempt-use assets (see instructions for short tax year or assets held for part of year): | 1 | ||||
| a | Average monthly value of securities | 1a | ||||
| b | Average monthly cash balances | 1b | ||||
| c | Fair market value of other non-exempt-use assets | 1c | ||||
| d | Total (add lines 1a, 1b, and 1c) | 1d | ||||
| e |
Discount claimed for blockage or other factors (explain in detail in Part VI): |
|||||
| 2 | Acquisition indebtedness applicable to non-exempt use assets | 2 | ||||
| 3 | Subtract line 2 from line 1d | 3 | ||||
| 4 | Cash deemed held for exempt use. Enter 0.015 of line 3 (for greater amount, see instructions). | 4 | ||||
| 5 | Net value of non-exempt-use assets (subtract line 4 from line 3) | 5 | ||||
| 6 | Multiply line 5 by 0.035 | 6 | ||||
| 7 | Recoveries of prior-year distributions | 7 | ||||
| 8 | Minimum Asset Amount (add line 7 to line 6) | 8 | ||||
| Section C - Distributable Amount | Current Year | |||||
| 1 | Adjusted net income for prior year (from Section A, line 8, Column A) | 1 | ||||
| 2 | Enter 85% of line 1 | 2 | ||||
| 3 | Minimum asset amount for prior year (from Section B, line 8, Column A) | 3 | ||||
| 4 | Enter greater of line 2 or line 3 | 4 | ||||
| 5 | Income tax imposed in prior year | 5 | ||||
| 6 | Distributable Amount. Subtract line 5 from line 4, unless subject to emergency temporary reduction (see instructions) | 6 | ||||
| Section D - Distributions | Current Year | |
|---|---|---|
| 1 Amounts paid to supported organizations to accomplish exempt purposes | 1 | |
|
2
Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of income from activity |
2 | |
| 3 Administrative expenses paid to accomplish exempt purposes of supported organizations | 3 | |
| 4 Amounts paid to acquire exempt-use assets | 4 | |
| 5 Qualified set-aside amounts (prior IRS approval required - provide details in Part VI) | 5 | |
| 6 Other distributions (describe in Part VI). See instructions | 6 | |
| 7Total annual distributions. Add lines 1 through 6. | 7 | |
|
8
Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI). See instructions |
8 | |
| 9 Distributable amount for 2023 from Section C, line 6 | 9 | |
| 10 Line 8 amount divided by Line 9 amount | 10 | |
| Section E - Distribution Allocations (see instructions) |
(i) Excess Distributions |
(ii) Underdistributions Pre-2023 |
(iii) Distributable Amount for 2023 |
|
|---|---|---|---|---|
| 1 Distributable amount for 2023 from Section C, line 6 | ||||
|
2
Underdistributions, if any, for years prior to 2023 (reasonable cause required-- explain in Part VI).
See instructions. |
||||
| 3 Excess distributions carryover, if any, to 2023: | ||||
| a From 2018....... | ||||
| b From 2019....... | ||||
| c From 2020....... | ||||
| d From 2021....... | ||||
| e From 2022....... | ||||
| fTotal of lines 3a through e | ||||
| g Applied to underdistributions of prior years | ||||
| h Applied to 2023 distributable amount | ||||
|
i
Carryover from 2018 not applied (see instructions) |
||||
| j Remainder. Subtract lines 3g, 3h, and 3i from line 3f. | ||||
| 4Distributions for 2023 from Section D, line 7: | ||||
| $ | ||||
| a Applied to underdistributions of prior years | ||||
| b Applied to 2023 distributable amount | ||||
| c Remainder. Subtract lines 4a and 4b from line 4. | ||||
|
5
Remaining underdistributions for years prior to 2023, if any. Subtract lines 3g and 4a from line 2. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
6
Remaining underdistributions for 2023. Subtract lines 3h and 4b from line 1. If the amount is greater than zero, explain in Part VI. See instructions. |
||||
|
7 Excess distributions carryover to 2024. Add lines 3j and 4c. |
||||
| 8 Breakdown of line 7: | ||||
| a Excess from 2019..... | ||||
| b Excess from 2020..... | ||||
| c Excess from 2021..... | ||||
| d Excess from 2022..... | ||||
| e Excess from 2023..... | ||||
| Facts And Circumstances Test |
|---|
| Return Reference | Explanation |
|---|
| Software ID: | |
| Software Version: |
| Return Reference | Explanation |
|---|---|
| FORM 990, PART III, LINE 4A: | 1.CONSERVATION NORTHWEST V. FRANZ: IMPLEMENTING CONSERVATION NORTHWEST V. FRANZ, 199 WN.2D 813 (2022). ON JULY 21, 2022, THE WASHINGTON SUPREME COURT DECIDED CNW V. FRANZ, AN IMPORTANT AND HISTORIC CASE DEFINING THE NATURE AND SCOPE OF THE "TRUST MANDATE" THAT GOVERNS DNR WHEN IT MANAGES THE 3 MILLION ACRES OF FEDERALLY-GRANTED STATE LANDS. THE COURT HELD THAT, UNDER THE ORIGINAL STATE LAND GRANTS, A "TRUST" RELATIONSHIP GOVERNED THE STATE'S MANAGEMENT OF THE STATE LANDS. BUT, CRITICALLY, THE COURT AFFIRMED THAT THIS "TRUST" WAS MORE AKIN TO A PUBLIC TRUST IN THAT IT GAVE THE LEGISLATURE AND DNR WIDE AND VIRTUALLY UNCHALLENGEABLE LATITUDE ON HOW TO BALANCE THE REVENUES GENERATED BY THE MANAGEMENT OF THIS LAND WITH THE CO-EQUAL INTERESTS OF "ALL THE PEOPLE" (TERMS IN STATE CONSTITUTION). THE COURT ALSO HELD THAT THE STATE HAD NO DUTY TO "MAXIMIZE" INCOME FROM THESE LANDS ON BEHALF OF THE TRUSTS AND COULD MANAGE THESE LANDS IN "MYRIAD WAYS," WHETHER THROUGH LOGGING OR OTHER USES OR BUSINESS DECISIONS. IN THE WAKE OF THIS DECISION, WFLC AND ITS CONSERVATION PARTNERS HAVE SHIFTED THEIR ATTENTION TO THE VARIOUS FORUMS IN WHICH THE STATE AND DNR ARE MAKING LAND MANAGEMENT DECISIONS THAT COULD BE AFFECTED BY THE LEGAL RATIONALE EXPRESSED IN THE CASE. EXAMPLES OF RELATED ADVOCACY INCLUDE: (1) ADVOCACY BEFORE THE BOARD OF NATURAL RESOURCES EACH MONTH ON THE LEGAL, SCIENTIFIC, AND POLICY CASE FOR MANAGING FORESTS IN THE PUBLIC INTEREST (I.E. COGNIZANT OF CLIMATE CHANGE); (2) DEFEATING (IN SEPTEMBER 2022) A MASSIVE PROPOSED SETTLEMENT AGREEMENT BETWEEN DNR AND TIMBER INDUSTRY IN AN ALLEGED BREACH OF TRUST CASE USING THE PUBLIC INTEREST PRINCIPLES OF CNW V. FRANZ (SEE BELOW); (3) IMPLEMENTING CNW V. FRANZ IN PENDING LEGISLATION IN OLYMPIA; (4) USING CNW V. FRANZ TO DEFEAT TIMBER INDUSTRY AND RURAL COUNTY LEGAL STRATEGIES ATTEMPTING TO MAXIMIZE TIMBER HARVEST IN THE NAME OF THE BENEFICIARIES AND FINANCING OF RURAL COUNTIES; AND (5) USING CNW V. FRANZ TO JUSTIFY THE SALE OF ECOSYSTEM SERVICES OR FOREST CARBON TRANSACTIONS. 2. DEFENDING DNR AND STATUTORY SCHEME FROM TIMBER INDUSTRY LITIGATION PUSHING FOR MORE LOGGING: IN 2020, AT THE SAME TIME WE FILED CNW V. FRANZ, THE TIMBER INDUSTRY AND SOME RURAL COUNTIES MOUNTED LITIGATION AGAINST DNR ON TWO FRONTS: THEY FILED A CONSTITUTIONAL WRIT IN THURSTON COUNTY CHALLENGING TWO MAJOR 2019 BOARD DECISIONS ON THE BASIS THAT THE DECISIONS WERE TOO CONSERVATION ORIENTED AT THE "EXPENSE" OF THE TRUSTS; AND (2) A COMMON LAW BREACH OF TRUST CASE FILED IN SKAGIT COUNTY SUPERIOR COURT (TRANSFERRED TO WHATCOM AFTER ALL SKAGIT JUDGES RECUSED). ON THE THURSTON CASE, WFLC IS WORKING WITH WYATT GOLDING AT ZIONTZ CHESTNUT AND IS REPRESENTING (AS INTERVENORS) A GROUP OF CONSERVATION ORGANIZATIONS (WCA, CNW, OFCO); THAT CASE IS NOW STAYED PENDING THE SECOND CASE. UNLIKE THE THURSTON WRIT CHALLENGE, WE ARE NOT INTERVENORS IN THE WHATCOM CASE; BUT WE ARE MONITORING THE CASE CLOSELY FOR AMICUS OPPORTUNITIES. EACH OF THESE CASES PRESENTS OPPORTUNITIES TO FURTHER ADVANCE THE PUBLIC INTEREST PRINCIPLES OF CNW V. FRANZ INTO STATE AND JUDICIAL DECISION MAKING. 3. OLD FOREST LITIGATION: THERE ARE APPROXIMATELY 100,000 ACRES REMAINING OF OLD "LEGACY" FORESTS ON DNR LANDS. WHILE FALLING SHORT OF DNR'S DEFINITION OF "OLD GROWTH" (250), THESE FORESTS WERE NEVER INDUSTRIALLY CLEAR CUT AND TODAY EXHIBIT THE AGE AND STRUCTURE OF OLD GROWTH. THEY ARE ALSO ESSENTIAL BECAUSE THEY ARE LOCATED IN AREAS WITH LITTLE OR NO PROTECTED FEDERAL LAND, NEAR THE COAST (MURRELETS), AND BECAUSE OF THEIR ENORMOUS CARBON STORAGE. SINCE EARLY 2022, WFLC HAS TEAMED UP WITH TWO FIRMS, FIRST BRICKLIN NEWMAN AND NOW ZIONTZ CHESTNUT, TO REPRESENT THE CENTER FOR RESPONSIBLE FORESTRY IN TACOMA. WE CONSOLIDATED 5 SEPARATE DNR TIMBER SALES IN MULTIPLE COUNTIES AND CHALLENGED THEM IN GRAYS HARBOR COUNTY ON LEGAL GROUNDS THAT THEY FAILED TO COMPLY WITH DNR'S FEDERAL HCP, 2006 POLICY FOR SUSTAINABLE FORESTS, AND 2007 IMPLEMENTING POLICY. THESE LAWS AND POLICIES COLLECTIVELY AND INDIVIDUALLY REQUIRE DNR TO ATTAIN 10- 15% OF "OLD FULLY FUNCTIONAL FOREST" IN EACH DNR "PLANNING AREA" BY 2070. YET, DESPITE CLAIMING TO BE ON TRACK AND PURPORTING TO BE ON TRACK UNDER SEPA, DNR HAS TO DATE ONLY ACHIEVED 0.5% OF ITS MINIMUM 10% REQUIREMENT. THIS CASE WILL BE SET FOR ORAL ARGUMENT BEFORE THE COURT OF APPEALS DIV. II IN SPRING 2023. (ORAL ARGUMENT WAS ORIGINALLY SCHEDULED FOR MARCH 14, 2023 BUT THE INDUSTRY INTERVENOR FILED AN 11TH HOUR MOTION TO DISMISS FOR MOOTNESS (TREES LOGGED). WE ARE IN THE PROCESS OF BRIEFING AT THIS TIME AND ANTICIPATE A MAY 2023 CALENDAR DATE. 4. OLD FOREST ADVOCACY: WFLC'S OLD FOREST ADVOCACY INCLUDES: MONTHLY ATTENDANCE AT BOARD OF NATURAL RESOURCE MEETINGS; STAKEHOLDER REPRESENTATION AT ROUNDTABLES; DISCUSSIONS AND NEGOTIATIONS WITH BOARD MEMBERS AND DNR STAFF. 5. DEFENDING DNR'S AUTHORITY TO SELL OR LEASE FOREST CARBON RIGHTS: ALTHOUGH ITS SCOPE WAS UNDER-AMBITIOUS AND ITS PLAN WAS NOT WELL-COORDINATED OR THOUGHT OUT, IN APRIL 2022 DNR DECIDED TO LEASE 10,000 ACRES OF ITS FORESTS TO A FOREST CARBON CREDIT PROGRAM. AS A FIRST PHASE, DNR CONDUCTED PROGRAMMATIC SEPA OF ITS LEASING PROGRAM. WORKING WITH ITS CONSERVATION PARTNERS, WFLC COMMENTED ON THIS PROGRAM AND SUGGESTED IMPROVEMENTS. AT THE CONCLUSION OF THE SEPA PROCESS, THE INDUSTRY ASSOCIATION (AFRC) AND TWO COUNTIES (SKAGIT, LEWIS) CHALLENGED DNR'S APPROVAL OF THE LEASING PROGRAM AND ITS RELATED SEPA PROCESS. WFLC AND ZIONTZ CHESTNUT ARE IN THE PROCESS OF PREPARING A MOTION TO INTERVENE IN ORDER TO CONFIRM OR ESTABLISH DNR'S LEASING AUTHORITY (OR TO CONTRIBUTE TO LEGISLATION PROVIDING SUCH AUTHORITY) OR, IN THE ALTERNATIVE IF NECESSARY, TO DEFEND DNR'S DECISION TO LEASE FOR CARBON IN LIEU OF LOG. 6. COMPLETE AND SCIENTIFIC DISCLOSURE OF CARBON EMISSIONS FROM DNR TIMBER SALES: WE ARE WORKING WITH THE CENTER FOR SUSTAINABLE ECONOMY AND BRICKLIN-NEWMAN ON A CASE CHALLENGING DNR'S "CARBON ACCOUNTING" IN ITS SEPA CHECKLISTS FOR ITS TIMBER SALES PROGRAM. IN FALL 2022, A JEFFERSON COUNTY SUPERIOR COURT JUDGE AGREED THAT SEPA'S SEPA PROCESS WAS INADEQUATE RELATIVE TO CARBON EMISSIONS AND SEQUESTRATION AND INVALIDATED DNR'S TIMBER SALE IN THAT COUNTY. DNR IS ATTEMPTING TO GET AROUND THIS DECISION IN OTHER COUNTIES BY MERELY RE-DOING ITS SEPA PAPERWORK AND, CONSEQUENTLY, WE ARE POISED TO BRING A SUCCESSOR ACTION. IN ADDITION, WE SEE THE OPPORTUNITY TO ADVANCE IN THIS CASE A RECENTLY DECIDED SEPA CASE, WILD FISH CONSERVANCY V. DEPT. OF FISH AND WILDLIFE, 198 WN.2D 846 (2022), WHICH HELD THAT AGENCY THRESHOLD SEPA DETERMINATIONS MUST TAKE INTO ACCOUNT THE EXTENT TO WHICH A PROPOSED LAND USE IRRETRIEVABLY COMMITS STATE-MANAGED RESOURCES IN A MANNER THAN COULD COLD COMPROMISE PUBLIC RESOURCES. 7. ON-GOING ADVOCACY RELATING TO THE WASHINGTON FOREST PRACTICES BOARD AND THE FOREST PRACTICES HCP'S ADAPTIVE MANAGEMENT PROGRAM: THIS PROGRAM GOVERNS LOGGING THAT IMPACTS THREATENED AND ENDANGERED AQUATIC SPECIES WHOSE HABITAT IS ON WASHINGTON'S 9.3 MILLION ACRES OF STATE AND PRIVATE FORESTS. WFLC'S ACTIVITIES INCLUDE: PARTICIPATION AS A "PRINCIPAL" IN THE NINE-STAKEHOLDER LEADERSHIP GROUP, WORKING ON 2-3 IMPORTANT PENDING REGULATORY CHANGES, AND ATTENDING ALL FOREST PRACTICES BOARD MEETINGS. |
| FORM 990, PART VI, SECTION A, LINE 2 | PATTI GOLDMAN IS AN EMPLOYEE (SENIOR ATTORNEY) AND TODD TRUE IS AN EMPLOYEE (SENIOR ATTORNEY) AT EARTHJUSTICE, THE SUPPORTED ORGANIZATION. |
| FORM 990, PART VI, SECTION A, LINE 7A | THE PUBLIC CHARITY MEMBERS OF THE ORGANIZATION'S GOVERNING BODY HAS THE EXCLUSIVE AUTHORITY TO ELECT THE PUBLIC CHARITY DIRECTORS CLASS OF THE BOARD OF DIRECTORS AND SHALL EACH BE ENTITLED TO 1 VOTE IN EXERCISING ALL OTHER RIGHTS GRANTED TO VOTING MEMBERS. |
| FORM 990, PART VI, SECTION A, LINE 8B | THERE IS NO COMMITTEE WITH THE BROAD AUTHORITY TO ACT ON BEHALF OF THE BOARD. |
| FORM 990, PART VI, SECTION B, LINE 11B | BEFORE FILING, FORM 990 IS DISTRIBUTED TO AND REVIEWED BY THE ENTIRE BOARD AND THE TREASURER. THE PRESIDENT SIGNS THE RETURN. |
| FORM 990, PART VI, SECTION B, LINE 12C | THE OFFICERS AND DIRECTORS OF THE ORGANIZATION ARE REQUIRED TO ACKNOWLEDGE IN WRITING ON AN ANNUAL BASIS THAT THEY ARE IN COMPLIANCE WITH THE CONFLICT OF INTEREST POLICY. |
| FORM 990, PART VI, SECTION C, LINE 19 | THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST. |
| FORM 990, PART VII, SECTION A, QUESTION 1A, LINE 3: | ELLEN LENDE RECEIVED COMPENSATION AS A .4 TIME ADMINISTRATOR OF THE ORGANIZATION. SHE DID NOT RECEIVE COMPENSATION FOR HER POSITION AS SECRETARY OR TREASURER. |
| FORM 990, PART VII, SECTION A, LINES 1 AND 2: | TODD TRUE AND PATTI GOLDMAN ARE COMPENSATED SEPARATELY BY THE SUPPORTED ORGANIZATION, EARTHJUSTICE, EIN 94-1730465. AMOUNTS ARE ESTIMATED AS EXACT DOLLAR AMOUNTS ARE NOT KNOWN. PATTI GOLDMAN IS NOT RELATED TO PETER GOLDMAN. |
| REGULATION SECTION 1.263(A)-1(F) - DE MINIMIS SAFE HARBER ELECTION | UNDER IRC REGULATION SECTION 1.263(A)-1(F), THE TAXPAYER HEREBY ELECTS TO APPLY THE DE MINIMIS SAFE HARBOR ELECTION FOR THE YEAR ENDED 12/31/2023. TAXPAYER NAME: WASHINGTON FOREST LAW CENTER TAXPAYER ADDRESS: 4132 CALIFORNIA AVE SW, SEATTLE WA 98116 TAXPAYER ID NUMBER: 91-1803140 |
| Software ID: | |
| Software Version: |