Earthjustice
Earthjustice is a non-profit public interest organization based in the United States dedicated to litigating environmental issues. It is headquartered in San Francisco and has 14 regional offices across the United States, an International Program, a communications team, and a Policy & Legislation team in Washington, DC.
Organization
The organization was founded in 1971 as the Sierra Club Legal Defense Fund, though it was fully independent from the Sierra Club. 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, and the American Lung Association 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 2017, Earthjustice had $94 million in total revenue. As of 2018, Earthjustice has full-time staff of about 130 attorneys in 14 offices across the United States, and 14 public-interest lobbyists based in Washington, D.C. lobbyists. The current president of Earthjustice is Abigail Dillen, an environmental attorney who first joined Earthjustice in 2000.
Programs
Earthjustice’s work is divided into three key goal areas:- The Wild – focuses on cases in The Arctic to preserve the ecosystem from climate change and fossil fuel drilling; in the ocean ecosystem to protect from overfishing, pollution, and habitat loss; in the wild to preserve wild places and support biodiversity; and cases related to saving wildlife from extinction that are threatened by clear cutting, 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 Act and the Clean Water Act, 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, and cases that promote ecological resiliency to withstand warming global temperatures. Through litigation, Earthjustice establishes and enforces national regulation for coal ash waste, retires old coal-fired power plants, prevents coal exports, and stops coal mining. Cases in this key area also focus on preventing fracking, preventing oil and gas drilling on public lands, strengthening environmental and health protections, and preventing fossil fuel infrastructure investments.
Impact on U.S. environmental law
Earthjustice has been a critical player in a number of important, precedent-setting cases regarding environmental protection in the United States.In the 1972 Supreme Court case Sierra Club v. Morton, Earthjustice 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 Range. The lawsuit blocked any further development or private use of the land which has since been incorporated into the Sequoia National Park.
In 1993, Earthjustice 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. The lawsuit was a victory in that the district judge ruled that not only could the subsidiary mining company who holds the mining claims and is developing the mine plan, but even the parent corporation, could be held liable for violations of the Federal Clean Water Act.
In 1998, Earthjustice helped local community groups convince the U.S. Nuclear Regulatory Commission to withdraw an approval to construct a uranium enrichment plant between two low-income, predominantly African-American communities near Homer, Louisiana. 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 groups force the U.S. Environmental Protection Agency to fight global warming by limiting greenhouse gas emissions. It was the first Supreme Court case to ever address the issue of climate change.
Other suits have been less successful. In 2008, the Supreme Court ruled in favor of the US Navy in a suit brought in part by Earthjustice, which ordered Navy personnel to stop the use of certain types of sonar if a marine mammal such as a dolphin or whale 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 rejected a suit against the EPA with the goal of banning the pesticide Chlorpyrifos. 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, a bill that would "amend laws concerning the Environmental Protection Agency’s oversight of hazardous substances."
Marketing
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 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." Similarly, Fargo, North Dakota, columnist Rob Port has described Earthjustice as fundamentally "obstructionist" in their strategy against the Dakota Access Pipeline during 2016.