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2013 annual report

Because the earth needs a good l awyer


Earthjustice fights for the right of all to a healthy environment As the premier nonprofit environmental law organization, we take on the biggest, most precedent-setting cases across the country. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We partner with thousands of groups, supporters, and citizens to take on the critical environmental issues of our time and bring about positive change.

We fight ... Because the earth needs a good lawyer.


thank you

THANK YOU A Letter from Our President and Chairman For 42 years, Earthjustice has fought to protect the earth’s wild places and creatures, and to ensure clean air, clean water, and healthy living environments for all. We are now seeing climate change affect virtually every aspect of our work. Climate change is the great issue of our era. It’s our responsibility to hand down a livable planet for the generations to come. In his 2013 inaugural address, President Obama promised to make climate change a priority for his administration. His climate action plan has potential and deserves widespread support, but it doesn’t go far enough, and crucial details have yet to be decided. One huge gap is the failure to address the continued extreme development of new fossil fuel sources—drilling for oil in the Arctic Ocean and fracking across our public lands will only drive climate change to even more destructive levels. In the months and years ahead, Earthjustice will use the power of law to ensure that the administration closes this critical gap and adopts the strongest possible measures to address climate change. Earthjustice has a three-pronged strategy to combat climate change: end our nation’s reliance on fossil fuels, advance clean energy, and build the resilience of ecosystems and communities so they’re better able to adapt to the harmful effects that can no longer be avoided. We’re focused on rapidly and comprehensively addressing the climate threat by applying our savvy litigation—strengthened by effective lobbying and communications campaigns—to key issues where we know we can make an enduring impact. Climate change is a challenge that together we can and must meet. Thank you for standing with us. The past year has been a busy, productive one for Earthjustice. We have been able to increase our capacity to address the nation’s toughest environmental and health issues. We have taken on more cases and new clients, expanded our partnerships and built new coalitions, and broadened our strategic scope. And we’re winning, averaging more than 40 major victories annually. Our accomplishments this year range from protections for wild bison to stronger standards for deadly soot pollution to the retirement of some of the country’s dirtiest coal-fired power plants. The year ahead will be filled with new challenges, but we are prepared to meet them. For your support and partnership in this work, we thank you.

Trip Van Noppen President 3

Peter Carson Chairman of the Board of Trustees


thank you Peter Carson (left) and Trip Van Noppen (right)

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COMBATING CLIMATE CHANGE and ADVANCING CLEAN ENERGY

COMBATING CLIMATE CHANGE AND ADVANCING CLEAN ENERGY

TU SPEROREBUNC OPUBLIC AELLERVIL CONDEMQUE CLA

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Earthjustice is committed to ending the nation’s reliance on fossil fuels and working to secure a new clean energy future.


development and forcing the dirtiest power plants to clean up or shut down. We fight to close regulatory loopholes for fossil fuels, level the economic playing field for clean energy sources, and ensure that the strongest possible energy efficiency standards are set and enforced. And it’s working—our successes are helping to shut down coal at the same time we’re helping to shape energy policies and spur technological advances that will make a clean energy future possible.

Despite these challenges, Earthjustice and its allies have made crucial progress. Using litigation backed by regulatory, legislative, and communications strategies, we’ve been able to overcome gridlock and make progress

We combat climate change at the international level as well, working to establish standards that limit black carbon emissions in the most vulnerable regions and global warming pollutants from international transportation. Our International Program attorneys have also pioneered work to underscore the devastating human rights implications of climate change.

Climate change is the global threat of our time.

Earthjustice is committed to identifying and implementing effective strategies to force regulators and polluters to reduce carbon emissions now, so that we can prevent the worst impacts of climate change. The challenges ahead are enormous, but we are forcing changes today that are laying the groundwork for the systemic change we can and must see in the future.

toward a sustainable future. Our attorneys go to court to enforce existing state and federal laws, blocking destructive new fossil fuel

COMBATING CLIMATE CHANGE and ADVANCING CLEAN ENERGY

C

limate change is the global threat of our time. At stake is nothing less than our children’s—and our planet’s—future. We can still avoid the most severe impacts if we dramatically change the way we produce and use energy, but the obstacles are significant. Political gridlock has prevented Congress from enacting meaningful climate legislation, and the deeply entrenched, politically powerful fossil fuel industry fights efforts to address the problem at every turn.

COMBATING CLIMATE CHANGE and ADVANCING CLEAN ENERGY

PERSPECTIVE

Abigail Dillen Abigail Dillen, Earthjustice’s Vice President for Climate and Energy, leads the organization’s Climate Change and Clean Energy work by forcing the country to transition away from fossil fuels, maximizing energy efficiency, and equipping our nation’s electrical grid to deliver clean, safe, renewable energy. “Decisions that will affect our energy future are being made across the country right now, in our public utility commissions— decisions about whether to invest in gas, renewables, or retrofitting dirty, old coal plants. Those decisions are only going to be made once, and all too often they’re political decisions, made without the benefit of good information. That’s where Earthjustice has a unique opportunity: It plays to our strength to go before these commissions and challenge the logic of utilities that are trying to perpetuate the status quo. The arguments on our side are compelling: It’s not economically practical to invest in coal any more. We give voice to the most sound economic as well as environmental arguments, and that’s a voice that hasn’t often been heard.”

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COMBATING CLIMATE CHANGE and ADVANCING CLEAN ENERGY

CAMPAIGN SPOTLIGHT

PROTECTING HUMAN RIGHTS IN A WARMING WORLD

CASES + VICTOR

“Every year, we experience warmer temperatures. We’ve even seen rain in December, which never happened when I was a child. There is more flooding and riverbank erosion, and the permafrost and glaciers are melting. The warmer weather makes it more dangerous for our people to travel on the land. The ice is not safe anymore. We notice the depletion of wildlife and fish more and more, and these species are critical to our people’s diet and culture.”

Dece

SHUTTING DOW THE ARGUMEN

Earthjustice won when Kentucky Po of American Elect powerful coal com that it will retire on stop burning coal a of 1,095 megawat challenged KPC w nearly $1 billion re top 50 dirtiest pla that shutting down alternatives would sense argument sw value of making ou it would not get a f

Ruth Massie Grand Chief of the Council of Yukon First Nations and a board member of the Arctic Athabaskan Council In April, the Arctic Athabaskan Council filed a petition to the Inter-American Commission on Human Rights, asking it to declare that Canada is undermining the human rights of Athabaskan peoples by poorly regulating emissions of black carbon, which contributes significantly to Arctic warming and melting. Earthjustice is representing the Arctic Athabaskan Council, with the Canadian environmental law organization Ecojustice as co-counsel. The Arctic is warming more than twice as fast as the rest of the planet, with devastating effects that could literally mean the end of a way of life for the indigenous peoples of the Arctic. Melting of Arctic glaciers is also a primary cause of sea-level rise that threatens millions of people in low-lying coastal areas around the world. Reducing emissions of black carbon and other short-lived climate forcers could reduce future Arctic warming by twothirds by 2040. Earthjustice’s International Program works to establish environmental human rights as a way to protect both people and the planet. Our efforts focus on creating and strengthening essential international environmental laws and institutions, and on opening international institutions to democratic participation in environmental decision-making.

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SELECT CLEAN ENERGY AND C

With this case, Ea willing to take on— powerful adversa Our victory sends investors, and reg the go-to energy o

2012 Athabaskan elder in Alaska

JULY


CLIMATE

RIES

July 2013

STOPPING SPRUCE MINE: ENDING THE DEVASTATION OF MOUNTAINTOP REMOVAL MINING

ember 2012

WN BIG SANDY: NT AGAINST DIRTY COAL

Earthjustice succeeded in forcing the Department of Energy (DOE) to set tougher energy efficiency standards for electricity distribution transformers—the gray boxes you see on utility poles. The amount of energy lost from each transformer may be small, but on the national scale, it adds up. The DOE projects that the energy savings these standards will generate by 2020 will be enough to avoid building the equivalent of two new 500-megawatt coal-fired power plants, and by 2045 the savings will grow to 3,500 megawatts, or the equivalent of seven new coal-fired plants.

This year marked a historic victory in the 15-year fight to stop the proposed Spruce Mine, which would have dynamited thousands of acres of mountaintop and forests in the Appalachia region of West Virginia. Studies have found severe public health impacts near mountaintop removal sites, including 50 percent higher cancer rates, 42 percent higher birth-defect rates, and up to $76 billion per year in health costs. In an effort to energize the fight against the Spruce mine, Earthjustice developed a powerful “Mountain Heroes” campaign to galvanize opposition to mountaintop removal mining. More than 50,000 people contacted the Environmental Protection Agency (EPA). In 2011, the agency issued the firstever veto of a mountaintop removal fill permit, which was reaffirmed unanimously by the D.C. Circuit Court of Appeals in July, 2013.

In addition, we’re pushing the DOE to set strong standards for more than two dozen categories of home and commercial appliances—standards that are all achievable with existing technology. By simply making our appliances, equipment, and electronics more energy efficient, we can save money and fight global warming.

The EPA’s veto demonstrated that the coal industry is not exempt from the laws of the land. The battle over the Spruce Mine continues, but this win—and the affirmation of the EPA’s authority to protect waters—provides hope that this most destructive form of coal mining can finally be reined in.

a major victory against dirty coal ower Company (KPC)—an affiliate tric Power, one of the nation’s most mpanies—announced in December 2012 ne unit at its Big Sandy coal plant and at a second unit, shutting down a total tts of coal-fired power. Earthjustice when it sought authorization for a etrofit of Big Sandy, rated one of the ants in America in 2009. We argued n the plant and pursuing clean energy d save ratepayers money. That common wayed the commission, showing the ur case in a place where many thought friendly reception.

April 2013

ENERGY EFFICIENCY: SMALL CHANGES ADD UP TO BIG SAVINGS

arthjustice demonstrated that we’re —and able to win—big fights against aries in the heart of coal country. s a strong message to the industry, gulators that it’s time to rethink coal as option.

2013 AUGUST

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preserving the wild

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Preserving the Wild Earthjustice is committed to preserving a rich, sustainable, and diverse natural heritage for current and future generations.

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his is a critical time for the future of wild places and wild creatures. Climate change is disrupting natural systems and threatening to change ecosystems faster than species can adapt. Species extinction and ecosystem degradation are causing a worldwide biodiversity crisis. This comes on top of a host of other threats: public lands face ongoing pressure from drilling, mining, logging, and unmanaged off-road recreation; industrial air and water pollution encroach on even our wildest places; and overfishing, pollution, and acidification are harming our ocean species. Responding to these challenges has been a hallmark of Earthjustice. We work to sustain wildlands, watersheds, wildlife, and oceans by supporting biodiversity and building ecosystem resilience in the face of climate change. We choose cases that will protect endangered species, sensitive habitats, and threatened wildlands; reduce human impacts on ecosystems; and hold accountable those who damage them. Our Oceans team brings strategic lawsuits that force the government to minimize overfishing, pollution, and habitat destruction in marine environments, and our International Program collaborates with the Pacific Small Island Developing States to help

them spearhead effective global efforts to improve ocean health and marine resilience. Our successes benefit entire ecosystems—the web of life in which each species is intricately interconnected. Earthjustice also litigates to defend effective management plans and challenge deficient ones. We participate in ecosystem-based conservation planning and promote key national and international rules and policies. In all our work, we link the best science, legal strategies, agency outreach, available experts, and partners to generate the greatest impact.

Our successes benefit entire ecosystems—the web of life in which each species is intricately interconnected.

Earthjustice is fighting to ensure that our irreplaceable wildlife and wild places are protected, not just now but for generations to come. Helping species adapt to a changing world is an ongoing, ever-evolving effort and we’re here for the long haul.


preserving the wild 10


preserving the wild

PERSPECTIVE:

Tim Preso Tim Preso, managing attorney of Earthjustice’s Northern Rockies office, sees the effects of climate change all across the American West. Stand after stand of pine trees dying around Yellowstone, rivers drying up in the Southwest, habitat literally melting out from under creatures that depend on snow to survive—these are the kinds of visible reminders Preso and his colleagues encounter as they work to protect and sustain our natural heritage. “In our work, the first and most immediate challenge is to get the federal managers of our wildlife and public lands to recognize that climate change impacts are already happening, and that new measures are needed in order to sustain natural processes and ecosystems. But that’s not all we’re doing. Scientists generally agree that the best way to help wildlife and natural systems weather the storm is to give them the broadest possible landscapes to use in their efforts to adapt. So we’ve been targeting our efforts to sustaining the big, wild places that remain. We try to armor those ecosystems to deal with climate change through eliminating or reducing harmful activities that are compromising them, from oil and gas development to off-road vehicle recreation. Ultimately, the country’s strong environmental laws are the only hammer we have at our disposal to deal with a lot of these issues, and no one can bring those laws to bear better than Earthjustice. “Climate change can sometimes feel academic, abstract and technical, as if it’s all about parts per million and planetary-level climate models. But fundamentally our work is about sustaining things that still spark our imaginations in this increasingly developed world, like the runs of salmon that make their way up West Coast rivers, and the places where grizzly bears and herds of bison can still live on the landscape. It’s about sustaining massive bird migrations that have gone on for millennia. Everything’s up for grabs in an era of climate change. Our work is about sustaining these last wild vestiges of the world we all inherited, and sustaining it in the face of a threat the likes of which hasn’t been seen, at least within recorded history. That’s a tall order, but that’s what we intend to do.”

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2012 select natural heritage

cases + victories Ongoing Protecting Endangered Caribbean Corals Coral reefs support a quarter of all marine life, providing shelter and hunting grounds for an incredible array of species. To protect coral reefs in the Caribbean from pollution, overfishing, and climate change impacts, Earthjustice is challenging federal fishery management measures that allow ecosystemdevastating overfishing of parrotfish off the shores of Puerto Rico and the US Virgin Islands. Parrotfish are essential to keeping in check algae growth that can smother and kill elkhorn and staghorn corals in the Caribbean. Reducing the algae’s impacts on the reefs will also help build the resilience of this rich ecosystem to survive the impacts of climate change.


2013 October

November

December

January

February

January + June 2013

The Return of the Bison In the last two years, Earthjustice has won several important victories for wild bison in Montana, allowing this keystone species to roam more freely on lands outside Yellowstone National Park. For years, Yellowstone’s wild bison have been confined within park boundaries. Those that wandered outside the park have been subjected to a government program of hazing and slaughter. Earthjustice partnered with the Assiniboine, Sioux, and Gros Ventre tribes along with conservation groups to win a key case that cleared the way for the return of bison to their native range in the Fort Belknap reservation in north-central Montana. In a related case, we successfully defended a new state policy that allows wild bison to roam outside the park’s northern boundaries. This is a triumph not just for wildlife conservation and habitat restoration, but also for Native American communities that have shared a deep spiritual and ecological connection with wild bison for centuries and are now able to bring these magnificent animals back home to tribal lands.

March

April

May

June

JuLY

May 2013

Preventing Uranium Mining Around the Grand Canyon In 2013, Earthjustice won a crucial round in the battle to protect sensitive lands around Grand Canyon National Park. A rush to mine uranium on public lands near the park is threatening to destroy wildlife habitat, pollute waterways, and industrialize the landscape around this national treasure. When the Interior Department imposed a 20-year moratorium on new mining claims on one million acres of public lands in the Grand Canyon watershed, Earthjustice stepped up to defend the ban from industry challenges. The courts have ruled in our favor twice, but the battle isn’t over yet. The stakes are high: A final victory in this case will protect habitat for deer, elk, endangered fish, and the imperiled California condor, and also protect the watershed from radioactive mining waste that could harm the health of the Havasupai people. Just as important, a victory will also uphold the Interior Secretary’s authority to protect other public lands in the future.

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PROTECTING PROTECTING OUR OUR HEALTH HEALTH

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or more than four decades, Earth forefront of safeguarding the fund the air we breathe, the food we ea

Our successes—including strict new stan like soot and mercury, better chemi workers, and the removal of hazardou have saved thousands of lives. We figh communities that are bombarded by water, workers who are exposed to u and those who are most vulnerable to children and pregnant women.

Our litigation targets the worst source power plants, mines, incinerators, in force them to clean up. We defend co environmental hazards of hydraulic f

PROTECTING OUR HEALTH Earthjustice is committed to improving the health of all communities by strengthening and enforcing regulations that protect against the effects of toxic chemicals in our air, water, food, and consumer products.

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Earthjustice is fighting for a future in which children can breathe freely, no matter where they live.

can breathe freely, no matter where th we feed our families and the produc free of toxic chemicals; in which com safer, healthier places to live and wor


es of air and water pollution— ndustrial agriculture—to ommunities from the fracturing, or “fracking.” We work to ban the most toxic chemicals, force manufacturers to disclose ingredients in household products, and reform ineffective chemical safety laws.

Earthjustice is fighting for a future in which children hey live; in which the food cts we use in our homes are mmunities everywhere are rk.

PROTECTING OUR HEALTH

ndards for toxic air pollutants ical safety precautions for us pesticides from the market— ht to protect overburdened y chemicals in their air and unsafe chemicals on the job, o chemical exposures, such as

PROTECTING OUR HEALTH

hjustice has been at the damentals of human health— at, and the water we drink.

PERSPECTIVE:

Paul Cort Climate change, air pollution, and human health are intricately intertwined, says Paul Cort, an attorney in Earthjustice’s California office who focuses on air pollution. The good news is that cleaning up the worst sources of pollution will help alleviate both health and climate issues, especially when it comes to some of our most vulnerable communities. “Climate change is adding to the cumulative burden on communities that suffer from poor air quality, which often are low-income, disadvantaged communities. Many people in these communities have health problems caused by air pollution, like respiratory and heart conditions. Those who live close to refineries or power plants, and also along freeways and near ports, suffer impacts not only from regional pollution like smog and soot, but also from localized cancer and other health risks associated with the particular toxics emitted by these industrial and transportation sources. Add to all of this the fact that many experts think a warming climate will bring longer smog seasons, and you can see that climate change is only going to make these health problems worse. “What it all boils down to is that burning fossil fuels drives both climate change and health problems related to air quality, so moving away from fossil fuels will provide multiple and compounded benefits. Pushing for zero-emission cars, trucks, and power plants is necessary for progress on our basic local air quality and health issues as well as for dealing with climate change.”

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PROTECTING PROTECTING OUR OUR HEALTH HEALTH

CAMPAIGN SPOTLIGHT

BUILDING A MOVEMENT In May 2013, Earthjustice and a coalition of partner organizations brought 117 clean air ambassadors to Washington, D.C., to tell their stories to Congress and the Obama administration. Their message was simple but powerful: Everyone has the right to breathe clean air. The ambassadors came from all across the country and from all walks of life, and each has been personally touched by the devastating health effects of air pollution. In their daily lives they deliver emergency health care to children struggling to take their next breath, advocate protection for their communities, and comfort family members, friends, and congregants who have lost loved ones to lung disease or heart attack. In Washington, they were able to put a human face to the clean air issues Earthjustice fights for—a face that politicians and government administrators rarely see, but once seen, find difficult to ignore.

Most of the ambassadors came directly from the front lines of exposure to deadly pollution, from communities near power plants, oil refineries, factories, and freeways. Many had never lobbied their government before. Earthjustice’s communications and policy and legislation teams helped them navigate the corridors of government, influence decision-makers, and get their stories out into the broader community with media, editorial, video, and photos. In turn, the ambassadors opened doors for us in Congress that had never opened before. Their voices were heard, and they left Washington energized and with tools to help them spread the word and engage others on these issues. This year’s event marked the second time that Earthjustice has brought together such a large and diverse group of citizens to ask their government to take action on air pollution and climate change. Our ability to organize these unique events bolsters our reputation for effective policy work at the federal level. Our goal is to build on this event, fostering a clean air movement with even greater reach and impact. The following groups partnered to coordinate this second 50 States United for Healthy Air event: Earthjustice, the American Nurses Association, the Hip Hop Caucus, the Labor Council for Latin American Advancement, the NAACP, the National Council of the Churches of Christ in the USA, the National Latino Coalition on Climate Change, and Physicians for Social Responsibility. To learn more about this campaign and meet our clean air ambassadors, visit earthjustice.org/50states/2013.

Sylvia Perez, (left) Clean Air Ambassador from Minnesota

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SELECT PUBLIC HEALTH

CASES + VICTORIES Ongoing THE FIGHT TO CLEAN UP FLORIDA’S WATERWAYS In November 2012, Earthjustice won a key victory in its multiyear campaign to clean up Florida’s water quality. In recent years, Florida’s beaches and waterways have suffered from toxic algae outbreaks that choke many of its rivers and lakes with green slime, killing fish and threatening human health. Earthjustice went to court to force the EPA to replace Florida’s weak pollution standards with hard numeric limits on “nutrient” pollutants in sewage, fertilizer, and manure, which cause the algae outbreaks. As part of a settlement agreement, in 2010 the EPA finalized the firstever numeric limits on nutrient pollutants in the state’s lakes, rivers, and streams—a historic step that could set the standard for managing nutrient pollution across the nation. Our work is far from over, however: The EPA has since agreed to allow Florida to adopt a deeply flawed plan that exempts many of the state’s waters from enforceable limits on nutrient pollution. We’re now back in court to defend our precedent-setting victories.

December 2012 & January 2013

FORCING THE EPA TO CLEAN UP SOOT POLLUTION Two recent Earthjustice victories will save thousands of lives and billions of dollars in health-related costs every year, and also improve living conditions in some of our most vulnerable communities. For years Earthjustice and our allies have fought to clean up deadly soot pollution, which causes heart attacks and strokes and worsens respiratory ailments like asthma. Prompted by an Earthjustice suit, the EPA announced in December 2012 that it would slash the amount of soot allowed in our air. In a related Earthjustice victory, the D.C. Circuit Court struck down a proposal by the EPA that would have allowed the most severely polluted areas of our country to avoid adopting the strong control measures needed to meet national standards. This ruling means that coal-fired power plants, factories, and oil refineries located in communities may have to adopt more stringent cleanup measures.

2012

May 2013

A TOWN’S FRACKING BAN STANDS When the people of Dryden, New York, stood up to powerful corporations and banned oil and gas drilling within town limits, industry took them to court. Fighting alongside Dryden’s residents, Earthjustice stepped up to defend the right of communities to control what happens on their own land—and we won. Drilling for oil and gas—and particularly the process of fracking—pollutes the soil, air, and water of nearby communities. Yet fracking has been largely exempted from federal environmental laws, leaving local zoning authority as one of the last lines of defense. Earthjustice took on this case to help preserve that authority, and in 2013, a state appeals court ruled in Dryden’s favor. This victory reaches beyond the town’s borders, inspiring hundreds of communities across the country that are defending their way of life—and their health—from fracking.

2013 JULY

AUGUST

SEPTEMBER

OCTOBER

NOVEMBER

DECEMBER

JANUARY

FEBRUARY

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financials

financial report 2013 Thanks to the continued generosity of our supporters, our fiscal year ending June 30, 2013 (FY13), was a strong one for Earthjustice. Contributed support combined with solid investment performance, careful spending choices, and generous bequest distributions delivered growth in our total revenue, net revenue, and net assets. FY13 marked the first year of a three-year strategic program plan that calls for investments in program leadership, growth in program staff, and investments in infrastructure to ready Earthjustice for movement into new program areas, strategic expansion of existing programs, and broadening of the clients we serve. Strategic growth is dependent on the trust and partnership of our supporters. We are grateful that individuals and foundations, many of whom made multiyear commitments, have stepped up their level of support and are joining our ambition for greater impact.

contributed revenue 73% Individuals 22% Foundations 5% Estate Gifts

Support from individual and foundation donors generated total contributions of $30,840,664. We received $1,768,829 in bequest distributions from members of our Evergreen Council. And we saw a $1.2 million increase in donated services for the year, totaling $7,173,414. We also saw strong investment performance and gains in our split interest agreements during FY13, which resulted in gains, interest, and dividends totaling $2,685,211. Finally, we had a solid amount of court-awarded fee recovery, totaling $4,109,088. These revenue categories along with other income resulted in $46,644,916 in total revenue, against expenses of $42,061,189. The result was a $4,583,727 increase in our net assets year over year, which will be invested in our strategic programmatic expansion in the year ahead. We are thrilled that Earthjustice was awarded its fifth consecutive 4-star rating from Charity Navigator, an achievement, realized by only 4% of nonprofit organizations, that recognizes sound fiscal management, efficient fundraising practices, and a commitment to accountability and transparency. We were recognized again by the Better Business Bureau’s Wise Giving Alliance for meeting the highest standards of accountability and transparency. And we successfully completed a rigorous Green Business Certification through the City and County of San Francisco for our San Francisco headquarters. In order to meet the goals of our strategic plan, we anticipate making significant financial investments to grow our staff and program activities in years two and three of the plan. Achieving this growth and meeting our plan targets will require that we spend down a portion of our net assets. Thanks to the strong performance in FY13 and the continued support and partnership of our donors, we are well positioned to meet our goals. For your continued partnership, trust, and support, we thank you.

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expenditures 82% Program Services 12% Fundraising 6% Administration


Statement of FINANCIAL POSITION

REVENUES

2013

2012

ASSETS

Contributions

$30,840,664

$26,372,101

Donated services

7,173,414

Bequests

financials

Statement of activities & change in net assets

2013

2012

Cash & investments

$49,754,512

$40,770,889

5,964,693

Accounts receivable

5,469,842

9,653,907

1,768,829

6,014,568

Property & equipment, net

2,540,181

2,559,741

Court awards

4,109,088

5,077,109

Other assets

1,181,138

923,944

Investment income

2,685,211

497,229

58,945,673

53,908,481

67,710

116,281

46,644,916

44,041,981

Accounts payable

1,103,722

1,086,428

EXPENSES

Accrued vacation payable

1,325,473

1,303,749

Program Services

Client trust funds

463,934

160,968

5,138,673

5,112,079

212,791

127,904

8,244,593

7,791,128

Other income Total Revenue

Litigation

19,082,441

17,890,596

Total Assets

LIABILITIES

Reserve for gift agreements

Donated services

7,137,935

5,964,693

Other liabilities

Public information

8,326,663

6,863,051

Total Liabilities

Total Program Services

34,547,039

30,718,340

Supporting services

Management & administrative

2,507,855 3,752,376

Fundraising

5,006,295

4,710,762

Total Supporting Services

7,514,150

8,463,138

42,061,189

39,181,478

4,583,727

4,860,503

Total Expenses

Changes in Net Assets

NET ASSETS

Unrestricted

34,700,416

25,918,484

Temporary restricted

14,552,831

18,751,036

Permanently restricted

1,447,833

1,447,833

50,701,080

46,117,353

58,945,673

53,908,481

Total Net Assets

Total Liabilities & Net Assets

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OUR CLIENTS

OUR CLIENTS As the world’s premier public-interest environmental law organization, we represent a wide diversity of clients, from small grassroots groups to large national organizations. Thanks to the generous support of individual donors and foundations, we are able to represent our clients free of charge, which allows us to choose cases strategically rather than based on the client’s ability to pay. In addition to the hundreds of clients listed here that we formally represent, there are scores of others with whom we partner, co-counsel, and ally to achieve our goals.

A

Audubon Society of Portland

Californians for Pesticide Reform

Chesapeake Climate

Advocates for Morris

Audubon Society of the Everglades

Action Network

Australia Climate Justice Program

Cape Cod Commercial Hook Fishermen’s Association Cascadia Wildlands

Citizens Action Coalition of Indiana

Advocates for Springfield Air Alliance Houston

B

Alaska Center for the Environment

Ballona Network

Alaska Community Action on Toxics

Basel Action Network Bear Creek Council

Alaska Wilderness League

Beyond Pesticides

Alaska Wilderness Recreation & Tourism Association

Biodiversity Conservation Alliance

American Bird Conservancy American Canoe Association

Blue Ridge Environmental Defense League

American Lung Association

Breast Cancer Fund

American Nurses Association

Brewery Ommegang

American Rivers

Buckeye Forest Council

Anacostia Watershed Society

Buffalo Field Campaign

Animal Welfare Institute Appalachian Mountain Club Appalachian Trail Conservancy Appalachian Voices Arctic Athabaskan Council Arizona Wilderness Coalition Arts, Crafts & Theater Safety, Inc.

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Blue Green Alliance

C California Communities Against Toxics California Rural Legal Assistance Foundation

Audubon Alaska

California Sportfishing Protection Alliance

Audubon Pennsylvania

California Trout

Catskill Citizens for Safe Energy Catskill Mountainkeeper Center for Biological Diversity Center for Constitutional Rights Center for Effective Government

Chickaloon Village Tribal Council

Citizens Against Ruining the Environment Citizens Campaign for the Environment

Center for Environmental Health

Citizens’ Environmental Coalition

Center for Environmental Law and Policy

Citizens for Clean Water Citizens for Dixie’s Future

Center for Food Safety

Citizens for East Shore Parks

Center for Health, Environment & Justice

City of Point Hope

Center for International Environmental Law

Clean Air Council

Center for InterTribal Sinkyone Wilderness Council

Clean New York

Center for Native Ecosystems

Clean Water for North Carolina

Center for Science in the Public Interest Central Sierra Environmental Resource Center Chatham Citizens for Effective Communities, Inc. Chesapeake Bay Foundation

Clark Resource Council Clean Air Task Force Clean Water Action Clean Water Fund Clean Wisconsin Climate Solutions Coal River Mountain Watch Coalition for a Healthy County (Indiana County, PA) Colorado Mountain Club


Pesticide Poisoning Community Advocates for Safe Emissions, Inc. Concerned Citizens for Nuclear Safety Concerned Citizens of Honolulu

Don’t Waste Arizona

Freshlife, Inc.

Downwinders at Risk

Friends of Butte Creek

E Earthworks Empire State Consumer Project Environment Colorado

Connecticut Coalition for Environmental Justice

Environmental Action Committee

CONSELVA:

Environmental Advocates of New York Environmental Confederation

Costas y Comunidades Conservancy of Southwest Florida Conservation Colorado (formerly Colorado Environmental Coalition) Conservation Law Foundation Conservation Northwest Cook Inlet Keeper Coos Waterkeeper CORALations Cornucopia Institute Corporate Toxics Information Project, University of Massachusetts

D D Rivers United Dakota Resource Council Damascus Watch Defenders of Wildlife Defensa Ambiental del Noroeste Delaware Riverkeeper Deltakeeper (A Chapter of San Francisco Baykeeper) Desert Citizens Against Pollution Diné Citizens Against Ruining Our Environment

of West Marin

Friends of Hudson

Havasupai Tribe

Friends of Living Oregon Waters

Hawai’i Solar Energy Association

Friends of Merrymeeting Bay

Hawai’i Wildlife Fund

Friends of Missouri Breaks Monument

Hawai’i’s Thousand Friends

Friends of Pocosin Lake Refuge

High Country Citizens Alliance

Friends of the Boundary Waters Wilderness Friends of the Clearwater Friends of the Earth

of Southwest Florida

Friends of the Everglades

Environmental Defense Center

Friends of the River

Environmental Defense Fund

Friends of the Rocky River

Environmental Integrity Project

Friends of the San Juans

Environmental Protection Information Center

Friends of the West Shore

Environmental Working Group

G

F

Gas Drilling Awareness for Cortland County

Farm Labor Organizing Committee

Glen Canyon Institute

Farmworker Justice

Grand Canyon Wildlands Council

Farmworker Pesticide Project

Grand Riverkeeper Labrador, Inc.

Farmworkers Association of Florida

Great Old Broads for Wilderness

Federation of Fly Fishers

Green Cleaning Network

First Presbyterian Church Fleased Florida Defenders of the Environment Florida Wildlife Federation Floridians for a Sustainable Population, Inc. Fly Creek/Otsego Neighbors Forest Issues Group

H

Grand Canyon Trust

Greater Yellowstone Coalition Green Law Greenaction for Health & Environmental Justice Greenpeace Group Against Smog and Pollution Grupo Ecológico Manglar Guardianes del Agua Gulf Restoration Network

OUR CLIENTS

Communities and Children Advocates Against

Healthy Child Healthy World High Mowing Organic Seeds Hoopa Tribe Hopewell Junction Citizens for Clean Water Horse Butte Landowners Hui Ho‘omalu I Ka ‘Aina Hui Malam I Kohola Hui o Na Wai ‘Eha Humane Society of the United States Huron Environmental Activist League

I Idaho Conservation League Idaho Rivers United Idaho Steelhead & Salmon Unlimited Idaho Wildlife Federation Illinois Interfaith Power and Light Illinois Public Health Association Institute for Fisheries Resources Intertribal Sinkyone Wilderness Council Inupiat Community of the Arctic Slope

20


OUR CLIENTS

J

M

National Wildlife Federation

Jackson Hole

Malama Kaua‘i

Ocean Conservancy

Conservation Alliance

Malama Makua

Natural Resources Council

ManaSota-88

of Maine

Ocean Mammal Institute

Japan Environmental

Maui Meadows

Natural Resources

Ocean River Institute

Lawyers Federation

Defense Council

Oceana

NC Conservation Network

Ohio Environmental Council

Nebraska Environmental Action Coalition

Ohio Valley Environmental Coalition

Network for Oil and Gas Accountability and Protection

Oil & Gas Accountability Project

New Jersey Highlands Coalition

Openthegovernment.org

New Jersey Work Environmental Council

Oregon Toxics Alliance

New York Lawyers for the Public Interest

Organic Seed Alliance

New York Public Interest Research Group

Otsego 2000, Inc.

Homeowners Association

K Ka Hawaiian-Environmental Alliance (KAHEA)

Medical Advocates for Healthy Air Mercury Policy Project

Karuk Tribe

Michigan Citizens Against Toxic Substances

Kentuckians for

Michigan Environmental Council

the Commonwealth

Midcoast Fishermen’s Association

Kentucky Environmental Foundation

Midshore Riverkeeper Conservancy

Kilauea Neighborhood Association

Migrant Clinicians Network

Kingman Park Civic Association

Minnesota Center for Environmental Advocacy

Klamath Forest Alliance Klamath-Siskiyou Wildlands Center (KS Wild)

L Lands Council League of Women Voters of New York State League of Women Voters of Pennsylvania League of Women Voters of the United States Learning Disabilities Association of New York State Limu Coalition Living Rivers Louisiana Environmental Action Network Lower Susquehanna Riverkeeper

21

Maui Tomorrow

Midwest Environmental Advocates

Moapa Tribe Band of Paiutes MomsRising.org Montana Environmental Information Center Montana Wilderness Association Montanans Against Toxic Burning Mossville Environmental Action Now Mothers of Marin Against the Spray

N National Association for the Advancement of Colored People

Native Village of Point Hope

New Yorkers for Sustainable Energy Solutions Statewide Northcoast Environmental Center Northeast Organic Dairy Producers Alliance

OMB Watch

Oregon Wild Organized Village of Kake Our Children’s Earth Foundation

P Pacific Coast Federation of Fishermen’s Associations Pacific Environment

Northern Alaska Environmental Center

Pacific Rivers Council

Northern California Council of the Federation of Fly Fishers

Peach Bottom Concerned

Northern Tier Impacted Citizens Coalition

PennFuture

Northwest Coalition for Alternatives to Pesticides Northwest Energy Coalition

National Family Farm Coalition

Northwest Environmental Defense Center

National Parks Conservation Association

Northwest Resource Information Center

National Trust for Historic Preservation

Northwest Sportfishing Industry Association

National Audubon Society

O

Pavilion Area Concerned Citizens Citizens Group Pennsylvania Association of Staff Nurses and Allied Professionals Pennsylvania Environmental Defense Foundation Pennsylvania Forest Coalition People for Protecting the Peace River People for Puget Sound Pesticide Action Network North America


San Francisco Baykeeper

Watch Education Fund

San Juan Citizens Alliance

Physicians for Social Responsibility

San Luis Valley Ecosystem Council

Physicians, Scientists, and Engineers for Healthy Energy

Save Our Creeks

Pineros y Campesinos Unidos del Noroeste

Save Our Seashore

Possibilities Retreat

Save the Poudre

Powder River Basin Resource Council Prairie Rivers Network

Schoharie Valley Watch

Public Citizen

Sea Turtle Restoration Project

Public Employees for Environmental Responsibility Puget Soundkeeper Alliance

Save the Dugong Foundation

Sea Mar Community Health Center Seattle Audubon Society Sierra Club Sierra Forest Legacy

Q

Southeast Alaska Conservation Council

Quartz Valley Indian Reservation

Southern Alliance for Clean Energy

Quiet Use Coalition Quinault Indian Nation

Southern Appalachian Mountain Stewards

R

Southern Sustainable Resources

Red Rock Forests

Southern Utah Wilderness Alliance

Resisting Environmental Destruction on Indigenous Lands

Squaxin Island Tribe

Respiratory Health Association of Metropolitan Chicago

Stop the Lines

Responsible Drilling Alliance Riverkeeper Rock the Earth Rocky Mountain Wild Rosemere Neighborhood Association

S Sacramento River Preservation Trust Salmon for All

OUR CLIENTS

Pesticide Watch, Pesticide

Statewide Organizing for Community Empowerment Stop the Spray East Bay Stop the Spray San Francisco Surfrider Foundation Sustainable Otsego Swinomish Indian Tribal Community

T Tamalpais NatureWorks Tennessee Clean Water Network

22


OUR CLIENTS

T (cont’d)

W

Texas Environmental Justice Advocacy Services

Wasatch Clean Air Coalition

The Bay Institute

Washington Wildlife Federation

The Boat Company

Waterkeeper Alliance

The Mexican Center for Environmental Law

WaterWatch of Oregon

The Olympic Environmental Council

West Michigan Environmental Action Council

The Wilderness Society The Wildlife Society Theodore Gordon Flyfishers To’ Nizhoni Ani Tompkins County Council of Governments Gas Drilling Task Force Tongass Conservation Society Town of Dryden Toxic Free North Carolina Trask Family Seeds Trout Unlimited Turtle Island Restoration Network

West Maui Preservation Association

West Virginia Highlands Conservancy Westchester for Change Western Colorado Congress Western Organization of Resource Councils Western Resource Advocates WildEarth Guardians Wilderness Workshop Wildlands CPR Winnemem Wintu Tribe WNY Drilling Defense Women’s Voices for the Earth Worksafe

U

World Wildlife Fund

Umpqua Watersheds

Wyoming Outdoor Council

United Farm Workers United Scenic Artist’s, Local USA82­ International Alliance of Theatrical Stage Employees United Steelworkers Upper Unadilla Valley Association Utah Rivers Council

Wrangell Resources Council

INDIVIDUALS 1 Health Professional 2 Coral Reef Advocates 2 East Coast Fishermen 2 Mid-Pacific Fishermen 2 Northwest Fishermen

V

6 New England Fishermen

Village of Cooperstown

65 Citizens of La Oroya

Voyageurs National Park Association

23

Washington Environmental Council

10 Residents of Fracking Areas


Peter Carson Chair Partner, Sheppard Mullin Richter & Hampton LLP San Francisco, CA

Reginald Brack

Carmen Gonzalez

William Newsom

Fern Shepard

Chairman and CEO, Time Inc. (retired) New York, NY

Professor, Seattle University School of Law Seattle, WA

Associate Justice, CA Court of Appeals (retired) San Francisco, CA

President & CEO, Cowles Media Company (retired) San Francisco, CA

Chris Killingsworth

Dan Olincy

Senior Officer, International Lands Conservation Pew Charitable Trusts Washington, D.C.

Vice President, Wyss Foundation Durango, CO

Attorney, Olincy & Karpel Los Angeles, CA

Steve Daetz

David Klipstein

Bradley Parker

Executive Vice President, Sandler Foundation San Francisco, CA

Founder, Reaction Design San Diego, CA

Managing General Partner, We Hope LLC Seattle, WA

Russell Daggatt

Ed Lewis

Marcia Riklis

Businessman Former President, Teledesic Seattle, WA

Attorney and Consultant Bozeman, MT

Businesswoman and Investor New York, NY

David Cox

Patrice Lumumba Simms Vice Chair at Large Assistant Professor, Howard University School of Law Washington, D.C.

Stephen Unfried Treasurer and Vice Chair for Finance Conservationist Wilson, WY

Dianne Stern Vice Chair for Development Conservation Writer and Teacher Scarsdale, NY

Tony DeFalco

Susan Britton Secretary

Living Cully Coordinator, Verde Portland, OR

Attorney San Francisco, CA

George Martin Partner, Martin & Banks, LLP Philadelphia, PA

Betty Schafer Philanthropist and Teacher (retired) San Francisco, CA

board of trustees

board of trustees

Michael Sonnenfeldt President and CEO, Sol Inc. New York, NY

Elizabeth Sutherland Riney Conservationist Stinson Beach, CA

Kevin Toner Founder, Aristeia Capital New York, NY

G. Marc Whitehead Attorney (retired) Chicago, IL

Matt Aselton

Michael Finley

Eric Kuhn

Anne Mize

Kathleen Rosenbloom

Anthony Stevens

Los Angeles, CA

Atlanta, GA

Los Angeles, CA

Seattle, WA

Los Angeles, CA

Wilson, WY

Tom Barron

Leslie Gimbel

Sara Lamm

Art Morey

Will Roush

Bruce Tall

Boulder, CO

New York, NY

Los Angeles, CA

Ballwin, MO

Aspen, CO

Carlsbad, CA

Lester Brown

Liberty Godshall

Christine Lennon

Owen Olpin

Eleanor Schwartz

Michael Traynor

Washington, D.C.

Santa Monica, CA

Los Angeles, CA

Teasdale, UT

New York, NY

Berkeley, CA

Travis Bryan

Jonathan Harris

Frank Lesher

Andrew Reich

Fred Stanback

Cynthia Wayburn

Seattle, WA

New York, NY

Hanover, NH

Los Angeles, CA

Salisbury, NC

Bellevue, WA

Chris Bunting

Connie Harvey

Elizabeth McCormack

Chip Rosenbloom

John Sterling

Robert Wiygul

Bozeman, MT

Aspen, CO

New York, NY

Los Angeles, CA

Bend, OR

Ocean Springs, MS

earthjustice council

earthjustice council

24


EARTHJUSTICE STAFF

earthjustice staff Trip Van Noppen President

Shavonne Saroyan Assistant to the President

Legal Abigail Dillen Vice President of Climate and Energy

Northwest Office

Paul Achitoff

Todd True

Christopher Hudak

Managing Attorney

Managing Attorney

Greg Loarie

David Henkin

Matt Baca

Adrian Martinez

Summer Kupau-Odo

Kristen Boyles

Trent Orr

Isaac Moriwake

Janette Brimmer

Wendy Park

Kaupa Sproat

Amanda Goodin

Irene Gutierrez

Patti Goldman

William Rostov

Vice President of Litigation

George Torgun

Vawter “Buck” Parker Strategic Advisor

Alaska Office Eric Jorgensen Managing Attorney

Shawn Eisele Madeline Gallo Erik Grafe Brettny Hardy Holly Harris Colin O’Brien

Jan Hasselman Northeast Office Deborah Goldberg

Florida Office David Guest Managing Attorney

Nicholas Morales James Pew Jill Tauber

Managing Attorney

Managing Attorney

McCrystie Adams

Thomas Cmar

Robin Cooley

Lisa Evans

Ava Farouche

Matthew Gerhart

Alison Flint

Charles McPhedran

Michael Freeman

Suma Peesapati

Michael Hiatt

Lisa Perfetto

Melanie Kay

Erin Whalen

Doug Pflugh

Mary Whittle

Jocelyn D’Ambrosio Eve Gartner Bridget Lee Moneen Nasmith

Sarah Burt

Timothy Preso

Anna Cederstav

Managing Attorney

Maneka Kaur

Kristin Carden

Managing Attorney

Jessica Lawrence

Jenny Harbine

Adenike Adeyeye

Erika Rosenthal

Adrienne Maxwell

Emily Brown

Abby Rubinson

Katherine O’Brien

Douglas Honnold

Seth Johnson

Managing Attorney

Northern Rockies Office

California Office

Neil Gormley

Shannon Fisk

Hannah Chang

Martin Wagner

Howard Fox

Heidi McIntosh

Bradley Marshall

International Program

Khushi Desai

Marianne Engelman Lado

Christopher Amato

Joshua Smith

Emma Cheuse

Coal Program

Alisa Coe

Monica Reimer

Steve Mashuda

Jennifer Chavez

Rocky Mountain Office

Managing Attorney

Managing Attorney

Tom Waldo

25

Mid-Pacific Office

Paul Cort

Jessica Townsend Ted Zukoski

Oceans Program Steve Roady

Washington D.C. Office

Managing Attorney

David Baron

Roger Fleming

Managing Attorney

Erica Fuller

Timothy Ballo

Andrea Treece


operations

Elizabeth Judge

Molly Blackford

Jessica Knoblauch

Jessica Brittsan

Litigation Assistants

Debra Mayfield

Linda Coffee

Beverly Beard

Christina Pepino

Jacquelene Dec

Christa Brothers

Claire Garvin

Alexander Rony

Brian Dill

Vice President of Human Resources

Maria Ryan

Eleanor Greer

Jared Saylor

Jamie Dobbs

Bruce Neighbor

Kristen Standridge

Vice President of Finance

Cornelia Talley

William Curtiss

Kristine Taylor

Catherine Hamborg

Brian Smith

Tracy Donahoe

Jessica Hann

Kathleen Sutcliffe

Eileen Ecklund

Iris Korhonen-Penn

Ray Wan

Albert Lin Julie Parks Sarah Saunders Katharine Thompson Grant Tolley Rosiceli Villarreal John Wall

Communications Georgia McIntosh Vice President

Raul Audelo Kari Birdseye Nadine de Coteau Amy Firman Shirley Hao

Kim Elliot

Terry Winckler

Felice Gomez-Spencer

Policy & Legislation

Erica Gulseth Suzanne Halekas

Martin Hayden Vice President

Andrea Delgado-Fink Jessica Ennis Christopher Espinosa Jeremy Graham Sean Helle Rebecca Judd Stephanie Maddin Marjorie Mulhall Sarah Lynn Saylor

Brian Hoeft Lorrie Hufnagel Gregory Immel June Katzschner Kathryn Knight Janice Mantell Elizabeth Ottinger Martha Serianz Samuel Shaw Kara Stalnaker Genevieve Turcotte

Development

Alex Vanderweele

Kristine Stratton

Diane Walters

Jessica Hodge

Acting Vice President

Catherine White

Raviya Ismail

Jennifer Allen

Nikki Woelk

Chris Jordan-Bloch

Denise Bergez

Kitty Yang

Kristine Stratton Senior Vice President

General Counsel

Jennifer Berkeley Karla Bizup

Cindy Napoli Lisa Nessan Stephanie Ng Jean Podrasky

EARTHJUSTICE STAFF

Legal (cont’d)

Elisa Tsang Jason Vigil Paul Wilde-Hickman

Janice Brown Afy Downey Barbara Frank Jillian Hertzberg Daniel Hill Nan Houser Roger Jacobs Julie James Romy LaMarche Lisa Lange Kristina Lim Shelie Luperine Cheryl McEvoy Michelle Megna Jose Mendez Rocky Murdock Amanda Nadelberg

26


ways to give CREDITS 27

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PHOTOGRAPHY Credits Cover: Pgiam / Istockphoto

p. 7-8 Chris Irwin / UMD

p. 15-16 Istockphoto

Staff Photos: Chris Jordan-Bloch / Earthjustice

p. 9-10 Erik Mandre / Shutterstock

p. 22 Matt Roth

p. 2 Vladimir Burkanov / NOAA

p. 11-12 Nathan Marx / Istockphoto

p. 23 MyLifeisCamp / Istockphoto

p. 5 Gencho Petkov / Shutterstock

p. 13-14 Pgiam / Istockphoto

p. 27-28 Rick Lewis

p. 7 Michio Hoshino / Minden Pictures

p. 15 Chris Jordan-Bloch / Earthjustice

p. 29-30 Rudy Balasko / Shutterstock

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Earthjustice 2013 Annual Report  
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