Earthjustice (formerly the Sierra Club Legal Defense Fund) is a public interest law firm that litigates cases related to left-leaning climate and energy policy, often on behalf of left-leaning climate policy organizations such as Greenpeace, Friends of the Earth, the Center for Biological Diversity, the Rainforest Action Network, the League of Conservation Voters, the Environmental Defense Fund, and the Natural Resources Defense Council. ¹

Earthjustice’s initial funding came from the Ford Foundation. ² It has received significant financial support from several other left-leaning foundations, such as the Sandler Foundation,³ the MacArthur Foundation,⁴ the David and Lucile Packard Foundation,^{5 6 7} and the Brainerd Foundation. ⁸

Earthjustice works with local activists to achieve left-leaning climate and energy policy goals, such as two projects in 2018 and 2019 to impede production of new natural gas fired power plants in California. ⁹ A Community-Based Initiatives Program was launched in 2018 with the announced goal of helping local activists block oil and gas production. ¹⁰ Earthjustice made a priority of attempting to stop the Trump administration from enacting its regulatory reduction and energy policy, filing more than 100 lawsuits against the administration. ¹¹

Background

Earthjustice, formerly known as the Sierra Club Legal Defense Fund, is a public interest law firm that litigates cases related to left-leaning climate and energy policy, often on behalf of left-leaning climate policy organizations such as the Sierra Club and the Natural Resources Defense Council. Earthjustice’s work is done pro bono, with funding from cases provided by donors. Funding from the Ford Foundation helped Earthjustice mature from an organization backed by lawyers with other jobs to a law firm with infrastructure, staff, etc. Its structure as a law firm was based upon the model created by the National Association for the Advancement of Colored People (NAACP). ^{12 13 14}

Always an independent group despite its name affiliation with the Sierra Club, Earthjustice changed its name in 1997. ¹⁵

First Case

Earthjustice was founded as the Sierra Club Legal Defense Fund in 1971 when the environmental activists at the Club sued to stop Walt Disney from building a ski resort in Sequoia National Park land known as Mineral King. ¹⁶ The Club sued after spending six years opposing the resort, and lost at the U.S. Supreme Court when the justices ruled the group had no legal standing. ¹⁷

However, the Court’s decision included two notations which gave the Club the chance to again challenge the Mineral King resort. First, a dissenting Supreme Court justice said the environment should have an advocate–that trees would have to rely on third-party legal assistance. Additionally, the Court’s ruling was based on a lack of proven harm to the Club and its members. In its second challenge, the Club found nine people who claimed that their wilderness experiences would be harmed by the construction of a resort, and sued on their behalf. A lower court issued an injunction against Disney. By this time, Disney had fought to build the resort for over a decade. ¹⁸ The legal battle eventually became irrelevant when Congress included Mineral King in protected lands in 1978. ¹⁹

From 1990s to Present

The Mineral King case was groundbreaking for the environmental movement, which previously had limited success with lawsuits. The representative harm strategy became a foundation of the left-of-center climate and environmental lawsuits for the next several decades. ²⁰

Twenty-six years after its founding, the Sierra Club Defense Fund changed its name, declaring that its legal mission had gone beyond the Club’s interests. ²¹ At the time of the name change, Earthjustice had 50 attorneys in nine cities. ²² As of May 2020, the organization had 143 attorneys in 14 cities pursuing over 600 cases. ²³ It has represented hundreds of organizations, including left-leaning climate policy organizations such as Greenpeace, Friends of the Earth, the Center for Biological Diversity, the Rainforest Action Network, the League of Conservation Voters, the Environmental Defense Fund, and the Natural Resources Defense Council. ²⁴

Earthjustice sometimes promotes a left-leaning ideology that is unrelated to climate and energy policy. In 2020, the organization published an analysis which compared the COVID-19 pandemic to the effects of climate change. It asserted that “America’s racist past and economic exclusion” and an alleged ongoing “influence of racism” were responsible for the pandemic disproportionately harming minority communities. ²⁵

Litigation Agenda

Earthjustice’s case study website examines its lawsuits regarding coal, bird protection, pesticides, national forest protections, and more. ²⁶ In 2014, Earthjustice won a case in which it represented the NAACP, the Sierra Club, and other organizations which opposed weakening a 2012 air toxins regulation. ²⁷

Earthjustice was key to Massachusetts’ 2007 Supreme Court victory where the Court told the EPA it had the authority to regulate output of greenhouse gases. Originally filed by private citizens in 1999, the lawsuit took eight years to be completed because the EPA said it did not have authority to regulate greenhouse gas output. Additionally, though the case was originally filed by private organizations, it was eventually taken up by government authorities in a variety of states and municipalities, including Massachusetts. The Supreme Court did not stipulate how the EPA should regulate greenhouse gases, but merely determined that the agency had the statutory authority to do so. ²⁸

Earthjustice described Ronald Reagan’s environmental record as “abysmal.” ²⁹ Reagan was a supporter of the Disney ski resort as California’s governor. ³⁰

Earthjustice regularly opposed the environmental policies of the George W. Bush administration. Timber deregulation in 2008 drew a lawsuit. ³¹ The administration settled on timber regulations in 2003. ³² And Earthjustice filed a number of lawsuits in 2001 against the Bush administration, as well as pointing to what it claimed was a reduction in pollution enforcement by the administration. ³³

While Earthjustice filed “hundreds of lawsuits” against the Obama administration, Earthjustice’s then-president said in 2016 that the group was “profoundly grateful” to the administration for its prioritizing climate policy record. ³⁴

Opposition to the Trump Administration

Earthjustice made a priority of attempting to stop the Trump administration from enacting its regulatory reduction and energy policies. Over 100 lawsuits were filed against the administration, 49 of which have received a court decision, with Earthjustice claiming victory in 39 of them. ³⁵

A 2016 Obama-era moratorium on leasing public land to coal miners was overturned early in the Trump administration, but an Earthjustice lawsuit led a judge to order reinstatement of the Obama-era rule. ³⁶ Trump’s decision to allow oil and gas exploration and drilling in Alaska was likewise halted after a judge ruled that the moratorium should stay in place. ³⁷ Earthjustice also convinced a court that Trump-era deregulation of chemical plant disaster plan requirements was unlawful. ³⁸ In February 2020, Earthjustice argued that a 2017 rule which did not allow people receiving Environmental Protection Agency grants and other funding to serve on agency advisory committees went too far in terms of protecting taxpayers from ethics issues. ³⁹

One of Earthjustice’s energy pipeline victories overturned a Trump administration rule which allowed the Dakota Access Pipeline to be built. A court determined in 2020 that a full environmental survey should be done first, something which the Obama administration required in 2016. ⁴⁰ In a similar battle over four Obama-era conservation and energy efficiency regulations which were implemented in December 2016–in between Trump’s victory and his instatement into office–Earthjustice convinced a court to order the Trump administration to publish the standards in a public space. According to the judge, the Trump administration’s failure to publish the standards “is a violation of the Department’s duties under the Energy Policy and Conservation Act.” ⁴¹

Earthjustice has won cases favoring animal habitat rights and hunting restrictions against the administration. In at least one of those cases, the Trump administration was enforcing an Obama-era decision. ⁴²

Earthjustice also took on the Trump administration’s revocation of a California waiver which allowed California to enact greenhouse emissions standards which are more stringent than federal standards. Earthjustice said the administration’s action risked similar standards in other states. ⁴³

Partnerships

Earthjustice regularly works with Native American tribes to protect their lands from being used for energy pipelines and other economic development. ⁴⁴

A spokesperson for Earthjustice was quoted as opposing the federal government’s virtual meetings during the COVID-19 pandemic lockdowns, asserting that technological difficulties among Native American tribes meant that tribe members could not attend such meetings and would thus be denied an effective voice on matters affecting tribes. ⁴⁵

Earthjustice works with local activists to achieve left-leaning climate and energy policy goals, such as two projects in 2018 and 2019 to impede production of new natural gas fired power plants in California. ⁴⁶ The Community-Based Initiatives Program was launched in 2018 with the announced goal of helping local activists block oil and gas production. ⁴⁷

In 2015, Earthjustice joined the Creation Action Network to create an art protest initiative designed to protect wolves. The effort was specifically designed to oppose congressional efforts to take wolves off the endangered species list. ⁴⁸

Leadership

Staff and Board

Abigail Dillen has been Earthjustice’s president since 2018. ⁴⁹ A former Climate & Energy vice president and an attorney for Earthjustice’s anti-coal initiatives, Dillen first came to Earthjustice in 2000. ⁵⁰ Dillen is married to architect Jasmit Singh Rangr. ⁵¹

Drew Caputo is Earthjustice’s vice president of Litigation for Lands, Wildlife and Oceans. He began his legal career with Earthjustice before spending 13 years with another environmental group and eight years as an Assistant U.S. Attorney in San Francisco, California. ⁵²

Jill Tauber leads Earthjustice’s Climate & Energy litigation as vice president. Her Earthjustice bio states that her department’s goal is to use the legal system “to achieve a swift and equitable shift from fossil fuels to 100% clean energy and to curb the devastating effects of climate change.” She was previously managing attorney for Earthjustice’s clean energy litigation, where she represented clients who wanted to force public utilities to adopt environmentalist energy sources. ⁵³

Fern Shepard is Earthjustice’s board chair. She is also president of Rachel’s Network, an “ecofeminist” organization. She was previously an attorney with Earthjustice for 11 years. ⁵⁴

Earthjustice board members often represent other influential groups and/or industries. Examples include the Sandler Foundation’s executive president, a former senior executive of Toyota’s North American operations, former and current hedge fund industry representatives, and college professors. ⁵⁵

Founders

Earthjustice’s founders were Phil Berry, Fred Fisher, and Don Harris. Former Sierra Club legal experts, they founded the Sierra Club Legal Defense Fund in 1971. ⁵⁶

Berry was previously chair of the Sierra Club Legal Committee and was elected president of the Sierra Club in 1969. He also was president of the Club again in 1991.

Fisher was board chair of the Sierra Club Legal Defense Fund from 1995 to 2000.

Harris was on Earthjustice’s board for 35 years and was board chair of the group from 1971 to 1989.

Financials

Earthjustice’s initial funding came from the Ford Foundation, which helped it fight the Mineral King case and generally develop its groundbreaking environmental strategy. ⁵⁷ The Foundation grant was $98,000 – approximately $630,000 in 2020 dollars. ^{58 59}

The organization regularly receives significant funding from outside foundations. The Sandler Foundation, which helped found groups like the Center for American Progress, gave $3 million from 2009 to 2015. ⁶⁰ The Sandler Foundation website describes Earthjustice as “the premier nonprofit environmental law organization” and stated that its financial assistance has focused on improving Earthjustice’s internal infrastructure. ⁶¹

Examples of other major left-leaning foundation donors include:

The JPB Foundation, which gave $2 million dollars in 2017. ⁶²

The William + Flora Hewlett Foundation gave $350,000 in 2012. ⁶³

The MacArthur Foundation donated $4.69 million from 1987 to 2018, including three million dollars in 2018. ⁶⁴

The Conservation Alliance donated nearly $300,000 from 2012 to 2019. ⁶⁵

The Educational Foundation of America gave $225,000 to Earthjustice in 2014. ⁶⁶

The David and Lucile Packard Foundation, which donated $510,000 in two grants in 2017 and $500,000 in 2018. ^{67 68 69}

The Brainerd Foundation has given approximately $1.6 million in annual donations since 2001. ⁷⁰

According to a report in Axios, Earthjustice’s revenues jumped in 2016 and 2017 due to environmental activists’ concerns about President Donald Trump’s focus on federal deregulation of industries which impact the environment. ⁷¹ Revenues increased from over $47 million in 2015 more than $90 million in 2016. ⁷² 2017 revenues were more than $74 million, more than 50 percent above 2015 revenues. ⁷³ Two-thirds of Earthjustice’s expenses in 2015, 2016, and 2017 were employee pay, benefits, and other compensation. ^{74 75}

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38. Earthjustice, “Community groups force EPA to end delay of chemical disaster rule,” August 17, 2018. Accessed May 28, 2020.

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40. Earthjustice, “Standing Rock Sioux Tribe prevails as federal judge strikes down DAPL permits,” March 25, 2020. Accessed May 28, 2020.

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