Earthjustice
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Earthjustice (originally Sierra Club Legal Defense Fund) is a nonprofit
public interest The public interest is "the welfare or well-being of the general public" and society. Overview Economist Lok Sang Ho in his ''Public Policy and the Public Interest'' argues that the public interest must be assessed impartially and, therefore ...
organization based in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
dedicated to litigating environmental issues. Headquartered in
San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
, it has 14 regional offices across the United States, an international program, a communications team, and a policy & legislation team in
Washington, DC ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan ...
.


Organization

The organization was founded in 1971 as the Sierra Club Legal Defense Fund, though it was fully independent from the
Sierra Club The Sierra Club is an environmental organization with chapters in all 50 United States, Washington D.C., and Puerto Rico. The club was founded on May 28, 1892, in San Francisco, California, by Scottish-American preservationist John Muir, who be ...
. It changed its name to Earthjustice in 1997 to better reflect its role as a legal advocate representing hundreds of regional, national and international organizations. As of September 2018, the group has provided free legal representation to more than 1,000 clients ranging from the Sierra Club,
World Wildlife Fund The World Wide Fund for Nature Inc. (WWF) is an international non-governmental organization founded in 1961 that works in the field of wilderness preservation and the reduction of human impact on the environment. It was formerly named the Wo ...
, and the
American Lung Association The American Lung Association is a voluntary health organization whose mission is to save lives by improving lung health and preventing lung disease through education, advocacy and research. History The organization was founded in 1904 to figh ...
to smaller state and community groups, such as the Maine Lobstermen's Association and the Friends of the Everglades. Earthjustice is a nonprofit and does not charge any of its clients for its services. Funding for the organization comes from individual donations and foundations. It does not receive any funding from corporations or governments. In 2021, Earthjustice had $154 million in total
revenue In accounting, revenue is the total amount of income generated by the sale of goods and services related to the primary operations of the business. Commercial revenue may also be referred to as sales or as turnover. Some companies receive reven ...
and $100 million in total expenditures. As of 2021, Earthjustice has full-time staff of about 170 attorneys in 14 offices across the United States, and 14 public-interest lobbyists based in Washington, D.C.. They are involved in 630 active legal proceedings. The current president of Earthjustice is Abigail Dillen, an environmental attorney who first joined Earthjustice in 2000 and was previously Vice President of Litigation for Climate and Energy.


Programs

Earthjustice's work is divided into three key goal areas:Earthjustice: Our Work
/ref> * The Wild – focuses on cases in The Arctic to preserve the ecosystem from climate change and
fossil fuel A fossil fuel is a hydrocarbon-containing material formed naturally in the Earth's crust from the remains of dead plants and animals that is extracted and burned as a fuel. The main fossil fuels are coal, oil, and natural gas. Fossil fuels m ...
drilling; in the
ocean The ocean (also the sea or the world ocean) is the body of salt water that covers approximately 70.8% of the surface of Earth and contains 97% of Earth's water. An ocean can also refer to any of the large bodies of water into which the wo ...
ecosystem to protect from overfishing, pollution, and habitat loss; in the wild to preserve wild places and support
biodiversity Biodiversity or biological diversity is the variety and variability of life on Earth. Biodiversity is a measure of variation at the genetic (''genetic variability''), species (''species diversity''), and ecosystem (''ecosystem diversity'') l ...
; and cases related to saving wildlife from extinction that are threatened by
clear cutting Clearcutting, clearfelling or clearcut logging is a forestry/logging practice in which most or all trees in an area are uniformly cut down. Along with shelterwood and seed tree harvests, it is used by foresters to create certain types of forest ...
, oil drilling, dams, dewatering streams, and climate change. * Healthy Communities – focuses on cases at the regional and national level that protect against pollution and toxic chemicals. Earthjustice uses litigation to apply and enforce the
Clean Air Air pollution is the contamination of air due to the presence of substances in the atmosphere that are harmful to the health of humans and other living beings, or cause damage to the climate or to materials. There are many different types ...
and the
Clean Water Acts Clean may refer to: * Cleaning, the process of removing unwanted substances, such as dirt, infectious agents, and other impurities, from an object or environment * Cleanliness, the state of being clean and free from dirt Arts and media Music Al ...
, and reform the toxics regulatory system. * Clean Energy and a Stable Climate – focuses on cases that reduce the utilization of fossil fuels, eliminate barriers to and create incentives for the use of renewable energy sources (such as through the Right To Zero campaignEarthjustice: Right To Zero
/ref>), and cases that promote ecological resiliency to withstand warming global temperatures. Through litigation, Earthjustice establishes and enforces national regulation for
coal ash Coal is a combustible black or brownish-black sedimentary rock, formed as rock strata called coal seams. Coal is mostly carbon with variable amounts of other elements, chiefly hydrogen, sulfur, oxygen, and nitrogen. Coal is formed when de ...
waste, retires old coal-fired power plants, prevents coal exports, and stops coal mining. Cases in this key area also focus on preventing
fracking Fracking (also known as hydraulic fracturing, hydrofracturing, or hydrofracking) is a well stimulation technique involving the fracturing of bedrock formations by a pressurized liquid. The process involves the high-pressure injection of "frack ...
, preventing oil and gas drilling on public lands, strengthening environmental and health protections, and preventing fossil fuel infrastructure investments. Earthjustice also partners with organizations from other regions, including
Latin America Latin America or * french: Amérique Latine, link=no * ht, Amerik Latin, link=no * pt, América Latina, link=no, name=a, sometimes referred to as LatAm is a large cultural region in the Americas where Romance languages — languages derived f ...
,
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
,
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
, and
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
to promote the development of environmental law in their respective countries. Every year, Earthjustice submits a country-by-country report on Human Rights and the Environment to the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
.


Impact on U.S. environmental law

Earthjustice has been a critical player in a number of important, precedent-setting cases regarding
environmental protection Environmental protection is the practice of protecting the natural environment by individuals, organizations and governments. Its objectives are to conserve natural resources and the existing natural environment and, where possible, to repair dam ...
in the United States. In the 1972 Supreme Court case '' Sierra Club v. Morton'', Earthjustice (then known as the Sierra Club Legal Defense Fund) helped establish the right of citizens to sue for environmental damages. The case ultimately forced the Walt Disney Corporation to drop its plans to develop an enormous ski resort in the Mineral King valley in California's
Sierra Nevada The Sierra Nevada () is a mountain range in the Western United States, between the Central Valley of California and the Great Basin. The vast majority of the range lies in the state of California, although the Carson Range spur lies primarily ...
Range. The lawsuit blocked any further development or private use of the land which has since been incorporated into the
Sequoia National Park Sequoia National Park is an American national park in the southern Sierra Nevada (U.S.), Sierra Nevada east of Visalia, California. The park was established on September 25, 1890, and today protects of forested mountainous terrain. Encompassing ...
. In 1993, the organization (still then known as the Sierra Club Legal Defense Fund) filed a lawsuit to block the development of the New World gold-silver-copper mine that was planned to be sited about four miles from the northeast entrance to
Yellowstone National Park Yellowstone National Park is an American national park located in the western United States, largely in the northwest corner of Wyoming and extending into Montana and Idaho. It was established by the 42nd U.S. Congress with the Yellowston ...
. The lawsuit was a victory in that the district judge ruled that not only could the subsidiary mining company (in this case Crown Butte Mines, Inc., a Montana company) who holds the mining claims and is developing the mine plan, but even the parent corporation (in this case Noranda Corporation, a Canadian company), could be held liable for violations of the Federal
Clean Water Act The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibiliti ...
(Ekey, 1997). In 1998, Earthjustice helped local community groups convince the U.S. Nuclear Regulatory Commission to withdraw an approval to construct a
uranium enrichment Enriched uranium is a type of uranium in which the percent composition of uranium-235 (written 235U) has been increased through the process of isotope separation. Naturally occurring uranium is composed of three major isotopes: uranium-238 (238 ...
plant between two low-income, predominantly African-American communities near
Homer, Louisiana Homer is a town in and the parish seat of Claiborne Parish in northern Louisiana, United States. Named for the Greek poet Homer, the town was laid out around the Courthouse Square in 1850 by Frank Vaughn. The present-day brick courthouse, built ...
. It was the first time a government agency had formally embraced the principle of 'environmental justice" in its decision-making. In the 2006 Supreme Court case '' Massachusetts v. Environmental Protection Agency'', Earthjustice attorneys helped a coalition of state governments and
conservation Conservation is the preservation or efficient use of resources, or the conservation of various quantities under physical laws. Conservation may also refer to: Environment and natural resources * Nature conservation, the protection and managem ...
groups force the
U.S. Environmental Protection Agency The Environmental Protection Agency (EPA) is an Independent agencies of the United States government, independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon pro ...
(EPA) to fight global warming by limiting
greenhouse gas emissions Greenhouse gas emissions from human activities strengthen the greenhouse effect, contributing to climate change. Most is carbon dioxide from burning fossil fuels: coal, oil, and natural gas. The largest emitters include coal in China and lar ...
. It was the first Supreme Court case to ever address the issue of
climate change In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to E ...
. Other suits have been less successful: In 2008, the Supreme Court ruled in favor of the
US Navy The United States Navy (USN) is the maritime service branch of the United States Armed Forces and one of the eight uniformed services of the United States. It is the largest and most powerful navy in the world, with the estimated tonnage of ...
in a suit brought in part by Earthjustice, which ordered Navy personnel to stop the use of certain types of
sonar Sonar (sound navigation and ranging or sonic navigation and ranging) is a technique that uses sound propagation (usually underwater, as in submarine navigation) to navigation, navigate, measure distances (ranging), communicate with or detect o ...
if a
marine mammal Marine mammals are aquatic mammals that rely on the ocean and other marine ecosystems for their existence. They include animals such as seals, whales, manatees, sea otters and polar bears. They are an informal group, unified only by their reli ...
such as a
dolphin A dolphin is an aquatic mammal within the infraorder Cetacea. Dolphin species belong to the families Delphinidae (the oceanic dolphins), Platanistidae (the Indian river dolphins), Iniidae (the New World river dolphins), Pontoporiidae (the ...
or
whale Whales are a widely distributed and diverse group of fully aquatic placental marine mammals. As an informal and colloquial grouping, they correspond to large members of the infraorder Cetacea, i.e. all cetaceans apart from dolphins and ...
was sighted within 2,200 yards. Among other details, the court noted that in 40 years of such sonar training there had not been a documented case of injury or death to a marine mammal that could be directly attributed to the sonar. In 2017, the
Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
rejected a suit against the EPA with the goal of banning the pesticide
Chlorpyrifos Chlorpyrifos (CPS), also known as Chlorpyrifos ethyl, is an organophosphate pesticide that has been used on crops, animals, and buildings, and in other settings, to kill several pests, including insects and worms. It acts on the nervous systems ...
. The court ruled that an environmental coalition, including Earthjustice, failed to follow procedure by filing the suit with the court before filing their appeal of a 2007 EPA ruling allowing the pesticide. However, on August 9, 2018, the court ruled that chlorpyrifos must be banned within 60 days from that date


Legislative positions

*Opposed Reducing Excessive Deadline Obligations Act of 2013 (H.R. 2279; 113th Congress), a bill that would "amend laws concerning the Environmental Protection Agency's (EPA's) oversight of hazardous substances."


Marketing

In 2010, Earthjustice launched a fundraising campaign using the location-based social networking app
Foursquare Four square is a ball game. Four square may also refer to: Internet and entertainment * Foursquare City Guide, a local search and discovery app * ''4 Square'' (game show), a British game show * ''4 Square'' (TV series), a Canadian children's s ...
. The ad campaign, which ran in billboards in San Francisco's
BART Bart is a masculine given name, usually a diminutive of Bartholomew, sometimes of Barton, Bartolomeo, etc. Bart is a Dutch and Ashkenazi Jewish surname, and derives from the name ''Bartholomäus'', a German form of the biblical name ''Bartho ...
system, gained national recognition as one of the first successful nonprofit uses of Foursquare, and was featured in media outlets such as ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'',
Mashable Mashable is a digital media platform, news website and entertainment company founded by Pete Cashmore in 2005. History Mashable was founded by Pete Cashmore while living in Aberdeen, Scotland, in July 2005. Early iterations of the site were a ...
, and ''
MacLife ''MacLife'' (stylized as ''Mac, Life'') is an American monthly magazine published by Future US. It focuses on the Macintosh personal computer and related products, including the iPad and iPhone. It’s sold as a print product on newsstands, and a ...
'' magazine, as well as books such as Carmine Gallo's ''The Power of Foursquare''.


Recognition

In 2001, '' Worth'' magazine, aimed at high-income Americans, named Earthjustice as one of America's 100 best charities. Since April 1, 2009,
Charity Navigator Charity Navigator is a charity assessment organization that evaluates hundreds of thousands of charitable organizations based in the United States, operating as a free 501(c)(3) organization. It provides insights into a nonprofit’s financial s ...
has given Earthjustice 4 stars, the oversight group's highest rating. In December 2014, the organization was recognized for its tagline "Because the earth needs a good lawyer", which was chosen in a 2009 online contest as one of the best nonprofit taglines out of 1,702 entries. Earthjustice has come under criticism for actions that are described as radical or counterproductive. Kevin Mooney of the right-leaning Capital Research Center writes that Earthjustice has represented a wide range of clients and causes, ranging from those well within the political and scientific mainstream to "radical fringe groups with a reputation for outrageous claims and uncompromising positions."Kevin Mooney (2009)
EarthJustice Legal Defense Fund: How Environmentalism Weakens U.S. National Security
accessed 08 December 2017
Similarly,
Fargo, North Dakota Fargo ( /ˈfɑɹɡoʊ/) is a city in and the county seat of Cass County, North Dakota, United States. According to the 2020 census, its population was 125,990, making it the most populous city in the state and the 219th-most populous city in ...
, columnist Rob Port has described Earthjustice as fundamentally "obstructionist" in their strategy against the Dakota Access Pipeline during 2016."Earthjustice isn't out to promote safe, responsible oil and gas development, goals all reasonable people share. They don't want a safe pipeline, ''per se''. Rather, they're out to choke oil and gas development to death by obstructing
energy infrastructure Energy development is the field of activities focused on obtaining sources of energy from natural resources. These activities include production of renewable, nuclear, and fossil fuel derived sources of energy, and for the recovery and reuse ...
with legal maneuvering." Port, Rob (2016)
Standing Rock Tribe Should Ditch Earthjustice if They Want Pipeline Lawsuit Taken Seriously
accessed 08 December 2017


See also

*
List of environmental organizations An environmental organization is an organization coming out of the conservation or environmental movements that seeks to protect, analyse or monitor the environment against misuse or degradation from human forces. In this sense the environment ...
* Canadian Environmental Law Association (CELA) *
Center for International Environmental Law The Center for International Environmental Law (CIEL) is a public nonprofit environmental law firm based in Geneva, Switzerland with an office in Washington, DC, United States. It was founded in 1989. CIEL's team aims to "strength and use inter ...
(CIEL) *
West Coast Environmental Law West Coast Environmental Law is an environmental law and public advocacy organization based in Vancouver, British Columbia, Canada that works to shape environmental policies in British Columbia and in Canada. It is known for its involvement in gr ...
*
Environmental Dispute Resolution Fund The Environmental Dispute Resolution Fund (EDRF) is a legal aid program based in British Columbia, Canada, which provides grants to individuals, community groups and environmental organizations who need to hire legal representation to assist them i ...
*
Conservation ethic Nature conservation is the moral philosophy and conservation movement focused on protecting species from extinction, maintaining and restoring habitats, enhancing ecosystem services, and protecting biological diversity. A range of values unde ...
*
Environmental movement The environmental movement (sometimes referred to as the ecology movement), also including conservation and green politics, is a diverse philosophical, social, and political movement for addressing environmental issues. Environmentalists a ...
*
Habitat conservation Habitat conservation is a management practice that seeks to conserve, protect and restore habitats and prevent species extinction, fragmentation or reduction in range. It is a priority of many groups that cannot be easily characterized in te ...
*


Bibliography

* Tom Turner, with photographs by Carr Clifton, ''Wild by Law: The Sierra Club Legal Defense Fund and the Places It Has Saved'' (San Francisco: Sierra Club Legal Defense Fund and Sierra Club Books, 1990) * Tom Turner, ''Justice on Earth: Earthjustice and the People It Has Served'' (White River Junction, VT: Chelsea Green Publishing Co., 2002)


References

{{Reflist


External links


Earthjustice
- Official website Environmental law in the United States Environmental organizations based in California Legal advocacy organizations in the United States Sierra Club Sustainability organizations Environmental organizations based in the San Francisco Bay Area Environmental organizations established in 1971 1971 establishments in California