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Earthjustice (originally Sierra Club Legal Defense Fund) is a nonprofit
public interest In social science and economics, public interest is "the welfare or well-being of the general public" and society. While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired ...
organization based in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
dedicated to litigating environmental issues. Headquartered in
San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
, they have an international program, a communications team, and a policy and legislation team in
Washington, D.C. Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and federal district of the United States. The city is on the Potomac River, across from Virginia, and shares land borders with ...
, along with 14 regional offices across the United States. 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 American environmental organization with chapters in all 50 U.S. states, Washington, D.C., Washington D.C., and Puerto Rico. The club was founded in 1892, in San Francisco, by preservationist John Muir. A product of the Pro ...
. The name was changed to Earthjustice in 1997. This was thought to better reflect its role as a legal advocate which represents 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 (WWF) is a Swiss-based 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 ...
,
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 1904–1918: Founding The organization was ...
, as well as smaller state and community groups, such as the Maine Lobstermen's Association and the Friends of the Everglades. Earthjustice is a nonprofit organization, meaning the legal service they provide is free for their clients. Funding for the organization comes from donations. It does not receive any funding from corporations or governments. In 2021, Earthjustice made $154 million in total
revenue In accounting, revenue is the total amount of income generated by the sale of product (business), goods and services related to the primary operations of a business. Commercial revenue may also be referred to as sales or as turnover. Some compan ...
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 – focus on cases in The Arctic to preserve the ecosystem from climate change and
fossil fuel A fossil fuel is a flammable carbon compound- or hydrocarbon-containing material formed naturally in the Earth's crust from the buried remains of prehistoric organisms (animals, plants or microplanktons), a process that occurs within geolog ...
drilling; in the
ocean The ocean is the body of salt water that covers approximately 70.8% of Earth. The ocean is conventionally divided into large bodies of water, which are also referred to as ''oceans'' (the Pacific, Atlantic, Indian Ocean, Indian, Southern Ocean ...
ecosystem to protect from overfishing, pollution, and habitat loss; in the wild to preserve wild places and support
biodiversity Biodiversity is the variability of life, life on Earth. It can be measured on various levels. There is for example genetic variability, species diversity, ecosystem diversity and Phylogenetics, phylogenetic diversity. Diversity is not distribut ...
; and cases related to saving wildlife from extinction due to
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 cutting, shelterwood and Seed tree, seed tree harvests, it is used by foresters t ...
, oil drilling, dams, dewatering streams, and climate change. * Healthy Communities – focus on cases at both the regional and national level which protect against pollution and toxic chemicals. Earthjustice uses litigation to apply and enforce the
Clean Air Air pollution is the presence of substances in the Atmosphere of Earth, air that are harmful to humans, other living beings or the environment. Pollutants can be Gas, gases like Ground-level ozone, ozone or nitrogen oxides or small particles li ...
and the Clean Water Acts, and reform the toxics regulatory system. * Clean Energy and a Stable Climate – focus on reducing 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 combustion products (CCPs), also called coal combustion wastes (CCWs) or coal combustion residuals (CCRs), are byproducts of burning coal. They are categorized in four groups, each based on physical and chemical forms derived from coal combust ...
waste, retires old coal-fired power plants, prevents coal exports, and stops
coal mining Coal mining is the process of resource extraction, extracting coal from the ground or from a mine. Coal is valued for its Energy value of coal, energy content and since the 1880s has been widely used to Electricity generation, generate electr ...
. Cases in this key area also focus on preventing
fracking Fracking (also known as hydraulic fracturing, fracing, hydrofracturing, or hydrofracking) is a well stimulation technique involving the fracturing of formations in bedrock by a pressurized liquid. The process involves the high-pressure inje ...
, 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 is the cultural region of the Americas where Romance languages are predominantly spoken, primarily Spanish language, Spanish and Portuguese language, Portuguese. Latin America is defined according to cultural identity, not geogr ...
,
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
,
Japan Japan is an island country in East Asia. Located in the Pacific Ocean off the northeast coast of the Asia, Asian mainland, it is bordered on the west by the Sea of Japan and extends from the Sea of Okhotsk in the north to the East China Sea ...
, and
China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
to promote the development of
environmental law Environmental laws are laws that protect the environment. The term "environmental law" encompasses treaties, statutes, regulations, conventions, and policies designed to protect the natural environment and manage the impact of human activitie ...
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 the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
.


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, or environment protection, refers to the taking of measures to protecting the natural environment, prevent pollution and maintain ecological balance. Action may be taken by individuals, advocacy groups and governments. ...
in the United States. In the 1972 Supreme Court case ''
Sierra Club v. Morton ''Sierra Club v. Morton'', 405 U.S. 727 (1972), is a Supreme Court of the United States case on the issue of standing under the Administrative Procedure Act. The Court rejected a lawsuit by the Sierra Club seeking to block the development of a s ...
'', 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 Company The Walt Disney Company, commonly referred to as simply Disney, is an American multinational mass media and entertainment industry, entertainment conglomerate (company), conglomerate headquartered at the Walt Disney Studios (Burbank), Walt Di ...
to drop its plans to develop an enormous ski resort in the
Mineral King Mineral King is a subalpine glacial valley located in the southern part of Sequoia National Park, in the U.S. state of California. The valley lies at the headwaters of the East Fork of the Kaweah River, which rises at the eastern part of the val ...
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 primari ...
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 a List of national parks of the United States, national park of the United States in the southern Sierra Nevada (U.S.), Sierra Nevada east of Visalia, California. The park was established on September 25, 1890, and toda ...
. 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 a List of national parks of the United States, national park of the United States located in the northwest corner of Wyoming, with small portions extending into Montana and Idaho. It was established by the 42nd U ...
. The lawsuit was a victory in that the
district judge District Judge may refer to: * A United States federal judge, appointed by the president and confirmed by the Senate * A judge in a state court (United States), where the state is divided into judicial districts * * A judge in the district courts ...
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 be held liable, 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 primary respo ...
(Ekey, 1997). In 1998, Earthjustice helped local community groups convince the
U.S. Nuclear Regulatory Commission The United States Nuclear Regulatory Commission (NRC) is an independent agency of the United States government tasked with protecting public health and safety related to nuclear energy. Established by the Energy Reorganization Act of 1974, the N ...
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 (23 ...
plant between two low-income, predominantly African-American communities near
Homer, Louisiana Homer is a town in and the County seat, parish seat of Claiborne Parish, Louisiana, Claiborne Parish in northern Louisiana, United States. Named for the Greece, Greek poet Homer, the town was laid out around the Courthouse Square in 1850 by Fra ...
. It was the first time a government agency had formally embraced the principle of "
environmental justice Environmental justice is a social movement that addresses injustice that occurs when poor or marginalized communities are harmed by hazardous waste, resource extraction, and other land uses from which they do not benefit. The movement has gene ...
" in its decision-making. In the 2006 Supreme Court case ''
Massachusetts v. Environmental Protection Agency ''Massachusetts v. Environmental Protection Agency'', 549 U.S. 497 (2007), is a 5–4 U.S. Supreme Court case in which Massachusetts, along with eleven other states and several cities of the United States, represented by James Milkey, brought ...
'', 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 manage ...
groups force the
U.S. Environmental Protection Agency The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on De ...
(EPA) to fight global warming by limiting
greenhouse gas emissions Greenhouse gas (GHG) emissions from human activities intensify the greenhouse effect. This contributes to climate change. Carbon dioxide (), from burning fossil fuels such as coal, petroleum, oil, and natural gas, is the main cause of climate chan ...
. It was the first Supreme Court case to ever address the issue of
climate change Present-day climate change includes both global warming—the ongoing increase in Global surface temperature, global average temperature—and its wider effects on Earth's climate system. Climate variability and change, Climate change in ...
. 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 naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...
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 navigate, measure distances ( ranging), communicate with or detect objects o ...
if a
marine mammal Marine mammals are mammals that rely on marine ecosystems for their existence. They include animals such as cetaceans, pinnipeds, sirenians, sea otters and polar bears. They are an informal group, unified only by their reliance on marine enviro ...
such as a
dolphin A dolphin is an aquatic mammal in the cetacean clade Odontoceti (toothed whale). Dolphins belong to the families Delphinidae (the oceanic dolphins), Platanistidae (the Indian river dolphins), Iniidae (the New World river dolphins), Pontopori ...
or
whale Whales are a widely distributed and diverse group of fully Aquatic animal, aquatic placental mammal, placental marine mammals. As an informal and Colloquialism, colloquial grouping, they correspond to large members of the infraorder Cetacea ...
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 for the following federal judicial districts: * Distric ...
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, in 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), ''4 Square'' (game show), a British game show * 4 Square (TV series), ''4 Squ ...
. The ad campaign, which ran in billboards in San Francisco's
BART Bay Area Rapid Transit (BART) is a rapid transit system serving the San Francisco Bay Area in California. BART serves List of Bay Area Rapid Transit stations, 50 stations along six routes and of track, including eBART, a spur line running t ...
system, gained national recognition as one of the first successful nonprofit uses of Foursquare. This success was featured in media outlets such as ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'',
Mashable Mashable is a Online newspaper, news website, digital media platform and entertainment company founded by Pete Cashmore in 2005. History Mashable was founded by Pete Cashmore while living in Aberdeen, Scotland, in July 2004. Early iterations o ...
, and ''
MacLife ''MacLife'' (stylized as ''Mac, Life'') is an American monthly magazine published by Future US. It focuses on products produced by Apple, including the Macintosh personal computer, iPad, and iPhone. It was sold as a print product on newsstands, b ...
'' 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 more than 230,000 charitable organizations based in the United States, operating as a 501(c)(3) organization. It provides insights into a nonprofit's financial stability, adh ...
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 Capital Research Center (CRC) is an American conservative 501(c)(3) non-profit watchdog group located in Washington, D.C., that monitors liberal money in politics. Its stated purpose is "to study non-profit organizations, with a special focus o ...
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 is the List of cities in North Dakota, most populous city in the U.S. state of North Dakota and the county seat of Cass County, North Dakota, Cass County. The population was 125,990 at the 2020 United States census, 2020 census, which was e ...
, columnist Rob Port has described Earthjustice as fundamentally "obstructionist" in their strategy against the
Dakota Access Pipeline The Dakota Access Pipeline (DAPL) or Bakken pipeline is a underground pipeline in the United States that has the ability to transport up to 750,000 barrels of light sweet crude oil per day. It begins in the shale oil fields of the Bakken For ...
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 the production of renewable, nuclear, and fossil fuel derived sources of energy, and for the recovery and reu ...
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 environme ...
*
Canadian Environmental Law Association The Canadian Environmental Law Association (CELA) is a non-profit, public interest organization established in 1970 to use existing laws to protect the environment and to advocate environmental law reforms. It is also a free legal advisory clin ...
(CELA) *
Center for International Environmental Law The Center for International Environmental Law (CIEL) is a public nonprofit environmental law organization based in Washington, DC, with an office in Geneva, Switzerland. It was founded in 1989. CIEL's team aims to use "the power of law to protec ...
(CIEL) *
West Coast Environmental Law West Coast Environmental Law (WCEL) is an environmental law and public advocacy organization based in Vancouver, British Columbia Vancouver is a major city in Western Canada, located in the Lower Mainland region of British Columbia. As th ...
*
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 ...
*
Conservation ethic Nature conservation is the ethic/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 valu ...
*
Environmental movement The environmental movement (sometimes referred to as the ecology movement) is a social movement that aims to protect the natural world from harmful environmental practices in order to create sustainable living. In its recognition of humanity 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 ter ...
*


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 Sierra Club Books was the publishing division, for both adults and children, of the Sierra Club, founded in by then club President David Brower. They were a United States publishing company located in San Francisco, California with a concentrat ...
, 1990) * Tom Turner, ''Justice on Earth: Earthjustice and the People It Has Served'' (White River Junction, VT: Chelsea Green Publishing Co., 2002)


References


External links

* {{Authority control 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