ENVIRONMENTAL LAW & POLICY CENTER OF THE MIDWEST: Form 990, tax year 2015

View the entire original 990 at ProPublica ↗

Organization
ENVIRONMENTAL LAW & POLICY CENTER OF THE MIDWEST (EIN 36-3866530)
Tax period
2015-07-01 to 2016-06-30
Filed
2017-05-15
IRS object ID
201741359349307894
Schema version
2015v3.0
Source
Download XML · Original 990 at ProPublica

Every field in the e-filed return. Faint text is the IRS element name, for citing.

Return header ReturnHeader

FieldValueIRS element (for citing)
Return2017-05-15T14:09:53-05:00ReturnTs
Tax Period End2016-06-30TaxPeriodEndDt

Preparer Firm PreparerFirmGrp

FieldValueIRS element (for citing)
Preparer Firm EIN420714325PreparerFirmEIN

Preparer Firm Name PreparerFirmName

FieldValueIRS element (for citing)
Business Name Line1RSM US LLPBusinessNameLine1Txt

Preparer US Address PreparerUSAddress

FieldValueIRS element (for citing)
Address Line11 S WACKER DRIVE STE 800AddressLine1Txt
CityCHICAGOCityNm
State AbbreviationILStateAbbreviationCd
ZIP60606ZIPCd
FieldValueIRS element (for citing)
Return Type990ReturnTypeCd
Tax Period Begin2015-07-01TaxPeriodBeginDt

Filer Filer

FieldValueIRS element (for citing)
EIN363866530EIN

Business Name BusinessName

FieldValueIRS element (for citing)
Business Name Line1Environmental Law and Policy Center ofBusinessNameLine1Txt
Business Name Line2the MidwestBusinessNameLine2Txt
FieldValueIRS element (for citing)
Business Name ControlENVIBusinessNameControlTxt
Phone3126736500PhoneNum

US Address USAddress

FieldValueIRS element (for citing)
Address Line135 East Wacker Drive No 1600AddressLine1Txt
CityChicagoCityNm
State AbbreviationILStateAbbreviationCd
ZIP606012208ZIPCd

Business Officer BusinessOfficerGrp

FieldValueIRS element (for citing)
PersonHoward A LearnerPersonNm
Person TitlePresident & Executive DirectorPersonTitleTxt
Phone3126736500PhoneNum
Signature2017-05-15SignatureDt
Discuss With Paid PreparerYes (1)DiscussWithPaidPreparerInd

Preparer Person PreparerPersonGrp

FieldValueIRS element (for citing)
Preparer PersonZack FortschPreparerPersonNm
PTINP00052725PTIN
Phone3126343400PhoneNum
FieldValueIRS element (for citing)
Tax2015TaxYr
Build TS2021-01-29 14:40:06ZBuildTS

Form 990 IRS990

FieldValueIRS element (for citing)
Principal OfficerDavid WilhelmPrincipalOfficerNm

US Address USAddress

FieldValueIRS element (for citing)
Address Line135 East Wacker Drive No 1600AddressLine1Txt
CityChicagoCityNm
State AbbreviationILStateAbbreviationCd
ZIP606012208ZIPCd
FieldValueIRS element (for citing)
Gross Receipts$5,093,721GrossReceiptsAmt
Group Return For Affiliates0GroupReturnForAffiliatesInd
Organization501c3Yes (X)Organization501c3Ind
Website Addresswww.elpc.orgWebsiteAddressTxt
Type Of Organization CorpYes (X)TypeOfOrganizationCorpInd
Formation1992FormationYr
Legal Domicile StateILLegalDomicileStateCd
Activity Or MissionPublic interest environmental legal and policy advocacy and eco-business innovation organization working to improve environmental quality and protect our natural heritage.ActivityOrMissionDesc
Voting Members Governing Body18VotingMembersGoverningBodyCnt
Voting Members Independent17VotingMembersIndependentCnt
Total Employee56TotalEmployeeCnt
Total Volunteers75TotalVolunteersCnt
Total Gross UBI$0TotalGrossUBIAmt
Net Unrelated Bus Txbl Incm$0NetUnrelatedBusTxblIncmAmt
PY Contributions Grants$6,373,003PYContributionsGrantsAmt
CY Contributions Grants$4,150,324CYContributionsGrantsAmt
PY Program Service Revenue$58,747PYProgramServiceRevenueAmt
CY Program Service Revenue$94,487CYProgramServiceRevenueAmt
PY Investment Income$261,860PYInvestmentIncomeAmt
CY Investment Income$290,707CYInvestmentIncomeAmt
PY Other Revenue$7,589PYOtherRevenueAmt
CY Other Revenue$338,909CYOtherRevenueAmt
PY Total Revenue$6,701,199PYTotalRevenueAmt
CY Total Revenue$4,874,427CYTotalRevenueAmt
PY Grants And Similar Paid$295,083PYGrantsAndSimilarPaidAmt
CY Grants And Similar Paid$3,667CYGrantsAndSimilarPaidAmt
PY Benefits Paid To Members$0PYBenefitsPaidToMembersAmt
CY Benefits Paid To Members$0CYBenefitsPaidToMembersAmt
PY Salaries Comp Emp Bnft Paid$4,347,132PYSalariesCompEmpBnftPaidAmt
CY Salaries Comp Emp Bnft Paid$4,385,851CYSalariesCompEmpBnftPaidAmt
PY Total Prof Fndrsng Expns$0PYTotalProfFndrsngExpnsAmt
CY Total Prof Fndrsng Expns$0CYTotalProfFndrsngExpnsAmt
CY Total Fundraising Expense$460,229CYTotalFundraisingExpenseAmt
PY Other Expenses$1,590,431PYOtherExpensesAmt
CY Other Expenses$1,411,197CYOtherExpensesAmt
PY Total Expenses$6,232,646PYTotalExpensesAmt
CY Total Expenses$5,800,715CYTotalExpensesAmt
PY Revenues Less Expenses$468,553PYRevenuesLessExpensesAmt
CY Revenues Less Expenses-$926,288CYRevenuesLessExpensesAmt
Total Assets BOY$17,229,519TotalAssetsBOYAmt
Total Assets EOY$16,383,507TotalAssetsEOYAmt
Total Liabilities BOY$1,048,477TotalLiabilitiesBOYAmt
Total Liabilities EOY$993,729TotalLiabilitiesEOYAmt
Net Assets Or Fund Balances BOY$16,181,042NetAssetsOrFundBalancesBOYAmt
Net Assets Or Fund Balances EOY$15,389,778NetAssetsOrFundBalancesEOYAmt
Info In Schedule O Part IIIYes (X)InfoInScheduleOPartIIIInd
MissionThe Environmental Law & Policy Center (ELPC) is the Midwest's leading public interest environmental legal advocacy and eco-business innovation organization, and among the nation's leaders. We develop and lead successful strategic environmental (continued on Schedule O) advocacy campaigns to improve environmental quality and protect our natural resources. We are public interest environmental entrepreneurs who engage in creative business dealmaking with diverse interests to put into practice our belief that environmental progress and economic development can be achieved together. ELPC's multidisciplinary staff of talented and experienced public interest attorneys, environmental business specialists, policy advocates, and communications specialists bring a strong and effective combination of skills to solve environmental problems.MissionDesc
Significant New Program Srvc0SignificantNewProgramSrvcInd
Significant Change0SignificantChangeInd
Expense$2,713,938ExpenseAmt
Grant$3,667GrantAmt
Revenue$51,316RevenueAmt
DescEnergy Project - ELPC promotes clean energy efficiency and renewable energy development solutions, and advocates for cleaner air and cleaner water by reducing pollution from conventional power plants.Desc

Prog Srvc Accom Acty2 ProgSrvcAccomActy2Grp

FieldValueIRS element (for citing)
Expense$647,022ExpenseAmt
Revenue$13,546RevenueAmt
DescTransportation and Land Use Reform - ELPC promotes innovative transportation solutions, including development of a Midwest high-speed rail network, which will lead to cleaner air and more jobs.Desc

Prog Srvc Accom Acty3 ProgSrvcAccomActy3Grp

FieldValueIRS element (for citing)
Expense$713,446ExpenseAmt
Revenue$6,000RevenueAmt
DescPreserving Wild and Natural Places - ELPC engages in litigation and policy advocacy to protect our National Forests, rivers, and the Great Lakes. ELPC advocates sound environmental management practices that preserve natural resources and improve the quality of life in our communities.Desc

Prog Srvc Accom Acty Other ProgSrvcAccomActyOtherGrp

FieldValueIRS element (for citing)
Expense$552,082ExpenseAmt
Revenue$23,625RevenueAmt
DescEnvironmental Markets, Global Warming Solutions, and Other Projects.Desc
FieldValueIRS element (for citing)
Total Other Prog Srvc Expense$552,082TotalOtherProgSrvcExpenseAmt
Total Other Prog Srvc Revenue$23,625TotalOtherProgSrvcRevenueAmt
Total Program Service Expenses$4,626,488TotalProgramServiceExpensesAmt
Described In Section501c3Yes (1)DescribedInSection501c3Ind
Schedule B RequiredYes (1)ScheduleBRequiredInd
Political Campaign Acty0PoliticalCampaignActyInd
Lobbying ActivitiesYes (1)LobbyingActivitiesInd
Subject To Proxy Tax0SubjectToProxyTaxInd
Donor Advised Fund0DonorAdvisedFundInd
Conservation Easements0ConservationEasementsInd
Collections Of Art0CollectionsOfArtInd
Credit Counseling0CreditCounselingInd
Temp Or Permanent Endowments0TempOrPermanentEndowmentsInd
Report Land Building EquipmentYes (1)ReportLandBuildingEquipmentInd
Report Investments Other Sec0ReportInvestmentsOtherSecInd
Report Program Related Invst0ReportProgramRelatedInvstInd
Report Other Assets0ReportOtherAssetsInd
Report Other LiabilitiesYes (1)ReportOtherLiabilitiesInd
Include FIN48 FootnoteYes (1)IncludeFIN48FootnoteInd
Independent Audit Fincl Stmt0IndependentAuditFinclStmtInd
Consolidated Audit Fincl StmtYes (1)ConsolidatedAuditFinclStmtInd
School Operating0SchoolOperatingInd
Foreign Office0ForeignOfficeInd
Foreign Activities0ForeignActivitiesInd
More Than5000 K To Org0MoreThan5000KToOrgInd
More Than5000 K To Individuals0MoreThan5000KToIndividualsInd
Professional Fundraising0ProfessionalFundraisingInd
Fundraising ActivitiesYes (1)FundraisingActivitiesInd
Gaming Activities0GamingActivitiesInd
Operate Hospital0OperateHospitalInd
Grants To Organizations0GrantsToOrganizationsInd
Grants To Individuals0GrantsToIndividualsInd
Schedule J RequiredYes (1)ScheduleJRequiredInd
Tax Exempt Bonds0TaxExemptBondsInd
Engaged In Excess Benefit Trans0EngagedInExcessBenefitTransInd
PY Excess Benefit Trans0PYExcessBenefitTransInd
Loan Outstanding0LoanOutstandingInd
Grant To Related Person0GrantToRelatedPersonInd
Business Rln With Org Mem0BusinessRlnWithOrgMemInd
Business Rln With Fam Mem0BusinessRlnWithFamMemInd
Business Rln With Officer Ent0BusinessRlnWithOfficerEntInd
Deductible Non Cash ContriYes (1)DeductibleNonCashContriInd
Deductible Art Contribution0DeductibleArtContributionInd
Terminate Operations0TerminateOperationsInd
Partial Liquidation0PartialLiquidationInd
Disregarded Entity0DisregardedEntityInd
Related EntityYes (1)RelatedEntityInd
Related Organization Ctrl EntYes (1)RelatedOrganizationCtrlEntInd
Transaction With Control Ent0TransactionWithControlEntInd
Trnsfr Exmpt Non Chrtbl Rltd Org0TrnsfrExmptNonChrtblRltdOrgInd
Activities Conducted Prtshp0ActivitiesConductedPrtshpInd
Schedule O RequiredYes (1)ScheduleORequiredInd
IRP Document28IRPDocumentCnt
IRP Document W2 G0IRPDocumentW2GCnt
Backup Wthld ComplianceYes (1)BackupWthldComplianceInd
Employee56EmployeeCnt
Employment Tax Returns FiledYes (1)EmploymentTaxReturnsFiledInd
Unrelated Bus Incm Over Limit0UnrelatedBusIncmOverLimitInd
Foreign Financial Account0ForeignFinancialAccountInd
Prohibited Tax Shelter Trans0ProhibitedTaxShelterTransInd
Taxable Party Notification0TaxablePartyNotificationInd
Nondeductible Contributions0NondeductibleContributionsInd
Quid Pro Quo Contributions0QuidProQuoContributionsInd
Form8282 Property Disposed Of0Form8282PropertyDisposedOfInd
Rcv Fnds To Pay Prsnl Bnft Cntrct0RcvFndsToPayPrsnlBnftCntrctInd
Pay Premiums Prsnl Bnft Cntrct0PayPremiumsPrsnlBnftCntrctInd
Indoor Tanning Services0IndoorTanningServicesInd
Info In Schedule O Part VIYes (X)InfoInScheduleOPartVIInd
Governing Body Voting Members18GoverningBodyVotingMembersCnt
Independent Voting Member17IndependentVotingMemberCnt
Family Or Business Rln0FamilyOrBusinessRlnInd
Delegation Of Mgmt Duties0DelegationOfMgmtDutiesInd
Change To Org Documents0ChangeToOrgDocumentsInd
Material Diversion Or Misuse0MaterialDiversionOrMisuseInd
Members Or StockholdersYes (1)MembersOrStockholdersInd
Election Of Board Members0ElectionOfBoardMembersInd
Decisions Subject To Approva0DecisionsSubjectToApprovaInd
Minutes Of Governing BodyYes (1)MinutesOfGoverningBodyInd
Minutes Of CommitteesYes (1)MinutesOfCommitteesInd
Officer Mailing Address0OfficerMailingAddressInd
Local Chapters0LocalChaptersInd
Form990 Provided To Gvrn BodyYes (1)Form990ProvidedToGvrnBodyInd
Conflict Of Interest PolicyYes (1)ConflictOfInterestPolicyInd
Annual Disclosure Covered PrsnYes (1)AnnualDisclosureCoveredPrsnInd
Regular Monitoring EnfrcYes (1)RegularMonitoringEnfrcInd
Whistleblower PolicyYes (1)WhistleblowerPolicyInd
Document Retention PolicyYes (1)DocumentRetentionPolicyInd
Compensation Process CEOYes (1)CompensationProcessCEOInd
Compensation Process Other0CompensationProcessOtherInd
Investment In Joint Venture0InvestmentInJointVentureInd
States Where Copy Of Return Is FldILStatesWhereCopyOfReturnIsFldCd
Own WebsiteYes (X)OwnWebsiteInd
Upon RequestYes (X)UponRequestInd

Books In Care Of Detail BooksInCareOfDetail

Business Name BusinessName

FieldValueIRS element (for citing)
Business Name Line1Kevin BrubakerBusinessNameLine1Txt
FieldValueIRS element (for citing)
Phone3126736500PhoneNum

US Address USAddress

FieldValueIRS element (for citing)
Address Line135 East Wacker Drive Ste 1600AddressLine1Txt
CityChicagoCityNm
State AbbreviationILStateAbbreviationCd
ZIP606012206ZIPCd

Form990 Part VII Section A Form990PartVIISectionAGrp (23 entries)

TitleTitleTxtAverage Hours Per WeekAverageHoursPerWeekRtAverage Hours Per Week Rltd OrgAverageHoursPerWeekRltdOrgRtIndividual Trustee Or DirectorIndividualTrusteeOrDirectorIndOfficerOfficerIndReportable Comp From OrgReportableCompFromOrgAmtReportable Comp From Rltd OrgReportableCompFromRltdOrgAmtOther CompensationOtherCompensationAmtHighest Compensated EmployeeHighestCompensatedEmployeeInd
Howard A Learner
President, Ass't Treasurer60.001.00Yes (X)Yes (X)$353,909$0$45,904
David Wilhelm
Chair4.000.50Yes (X)Yes (X)$0$0$0
Daniel Levin
Vice-Chair1.00Yes (X)Yes (X)$0$0$0
Cameron S Avery
Treasurer2.00Yes (X)Yes (X)$0$0$0
Brady C Williamson
Chair of the Litigation Committee1.00Yes (X)Yes (X)$0$0$0
Robert L Graham
Director1.00Yes (X)$0$0$0
Harry W Drucker
Director1.000.50Yes (X)$0$0$0
Ellen C Craig
Secretary2.00Yes (X)Yes (X)$0$0$0
Manny Flores
Director1.00Yes (X)$0$0$0
Stan Goldblatt
Director1.00Yes (X)$0$0$0
Scott Heidepriem
Director1.00Yes (X)$0$0$0
Lois Lipton
Director1.00Yes (X)$0$0$0
William McNary
Director1.000.50Yes (X)$0$0$0
Knute Nadelhoffer
Director1.00Yes (X)$0$0$0
Smita Shah
Director1.00Yes (X)$0$0$0
Andrew Ross
Director1.00Yes (X)$0$0$0
Nancy Loeb
Director1.000.50Yes (X)$0$0$0
Arthur Gibson
Director1.00Yes (X)$0$0$0
Kevin Brubaker
Deputy Director50.000.50$180,619$0$45,812Yes (X)
Linda Lipton
Director of Development50.00$193,267$0$16,746Yes (X)
Karen Torrent
Federal Legislative Director50.00$146,923$0$19,140Yes (X)
Allen Grosboll
Co-Legislative Director50.00$139,059$0$33,007Yes (X)
Robert Kelter
Senior Attorney50.00$157,666$0$18,793Yes (X)
FieldValueIRS element (for citing)
Total Reportable Comp From Org$1,171,443TotalReportableCompFromOrgAmt
Tot Reportable Comp Rltd Org$0TotReportableCompRltdOrgAmt
Total Other Compensation$179,402TotalOtherCompensationAmt
Indiv Rcvd Greater Than100 K6IndivRcvdGreaterThan100KCnt
Former Ofcr Employees Listed0FormerOfcrEmployeesListedInd
Total Comp Greater Than150 KYes (1)TotalCompGreaterThan150KInd
Compensation From Other Srcs0CompensationFromOtherSrcsInd
Cntrct Rcvd Greater Than100 K0CntrctRcvdGreaterThan100KCnt
Fundraising$14,914FundraisingAmt
All Other Contributions$4,135,410AllOtherContributionsAmt
Noncash Contributions$44,065NoncashContributionsAmt
Total Contributions$4,150,324TotalContributionsAmt

Program Service Revenue ProgramServiceRevenueGrp (4 entries)

DescDescBusinessBusinessCdTotal Revenue ColumnTotalRevenueColumnAmtRelated Or Exempt Func IncomeRelatedOrExemptFuncIncomeAmt
Energy Project900099$51,316$51,316
Other Projects900099$23,625$23,625
Trans. & Land Use900099$13,546$13,546
Wild & Natural Places900099$6,000$6,000
FieldValueIRS element (for citing)
Total Program Service Revenue$94,487TotalProgramServiceRevenueAmt

Investment Income InvestmentIncomeGrp

FieldValueIRS element (for citing)
Total Revenue Column$290,707TotalRevenueColumnAmt
Exclusion$290,707ExclusionAmt
FieldValueIRS element (for citing)
Fundraising Gross Income$554,865FundraisingGrossIncomeAmt
Contri Rpt Fundraising Event$14,914ContriRptFundraisingEventAmt
Fundraising Direct Expenses$219,294FundraisingDirectExpensesAmt

Net Incm From Fundraising Evt NetIncmFromFundraisingEvtGrp

FieldValueIRS element (for citing)
Total Revenue Column$335,571TotalRevenueColumnAmt
Exclusion$335,571ExclusionAmt

Miscellaneous Revenue MiscellaneousRevenueGrp

FieldValueIRS element (for citing)
Total Revenue Column$3,338TotalRevenueColumnAmt
Exclusion$3,338ExclusionAmt
FieldValueIRS element (for citing)
Other Revenue Total$3,338OtherRevenueTotalAmt

Total Revenue TotalRevenueGrp

FieldValueIRS element (for citing)
Total Revenue Column$4,874,427TotalRevenueColumnAmt
Related Or Exempt Func Income$94,487RelatedOrExemptFuncIncomeAmt
Unrelated Business Revenue$0UnrelatedBusinessRevenueAmt
Exclusion$629,616ExclusionAmt

Grants To Domestic Orgs GrantsToDomesticOrgsGrp

FieldValueIRS element (for citing)
Total$3,667TotalAmt
Program Services$3,667ProgramServicesAmt

Comp Current Ofcr Directors CompCurrentOfcrDirectorsGrp

FieldValueIRS element (for citing)
Total$642,125TotalAmt
Program Services$521,305ProgramServicesAmt
Management And General$70,450ManagementAndGeneralAmt
Fundraising$50,370FundraisingAmt

Other Salaries And Wages OtherSalariesAndWagesGrp

FieldValueIRS element (for citing)
Total$2,928,180TotalAmt
Program Services$2,377,223ProgramServicesAmt
Management And General$321,263ManagementAndGeneralAmt
Fundraising$229,694FundraisingAmt

Pension Plan Contributions PensionPlanContributionsGrp

FieldValueIRS element (for citing)
Total$239,045TotalAmt
Program Services$194,067ProgramServicesAmt
Management And General$26,227ManagementAndGeneralAmt
Fundraising$18,751FundraisingAmt

Other Employee Benefits OtherEmployeeBenefitsGrp

FieldValueIRS element (for citing)
Total$323,031TotalAmt
Program Services$262,251ProgramServicesAmt
Management And General$35,441ManagementAndGeneralAmt
Fundraising$25,339FundraisingAmt

Payroll Taxes PayrollTaxesGrp

FieldValueIRS element (for citing)
Total$253,470TotalAmt
Program Services$205,778ProgramServicesAmt
Management And General$27,809ManagementAndGeneralAmt
Fundraising$19,883FundraisingAmt

Fees For Services Accounting FeesForServicesAccountingGrp

FieldValueIRS element (for citing)
Total$26,681TotalAmt
Program Services$24,194ProgramServicesAmt
Management And General$1,662ManagementAndGeneralAmt
Fundraising$825FundraisingAmt

Fees For Services Other FeesForServicesOtherGrp

FieldValueIRS element (for citing)
Total$304,443TotalAmt
Program Services$276,071ProgramServicesAmt
Management And General$18,963ManagementAndGeneralAmt
Fundraising$9,409FundraisingAmt

Office Expenses OfficeExpensesGrp

FieldValueIRS element (for citing)
Total$235,270TotalAmt
Program Services$118,201ProgramServicesAmt
Management And General$87,501ManagementAndGeneralAmt
Fundraising$29,568FundraisingAmt

Information Technology InformationTechnologyGrp

FieldValueIRS element (for citing)
Total$14,406TotalAmt
Program Services$10,053ProgramServicesAmt
Management And General$3,190ManagementAndGeneralAmt
Fundraising$1,163FundraisingAmt

Occupancy OccupancyGrp

FieldValueIRS element (for citing)
Total$467,460TotalAmt
Program Services$375,514ProgramServicesAmt
Management And General$55,681ManagementAndGeneralAmt
Fundraising$36,265FundraisingAmt

Travel TravelGrp

FieldValueIRS element (for citing)
Total$168,506TotalAmt
Program Services$144,468ProgramServicesAmt
Management And General$18,162ManagementAndGeneralAmt
Fundraising$5,876FundraisingAmt

Conferences Meetings ConferencesMeetingsGrp

FieldValueIRS element (for citing)
Total$82,657TotalAmt
Program Services$34,574ProgramServicesAmt
Management And General$25,793ManagementAndGeneralAmt
Fundraising$22,290FundraisingAmt

Depreciation Depletion DepreciationDepletionGrp

FieldValueIRS element (for citing)
Total$57,512TotalAmt
Program Services$46,672ProgramServicesAmt
Management And General$6,321ManagementAndGeneralAmt
Fundraising$4,519FundraisingAmt

Insurance InsuranceGrp

FieldValueIRS element (for citing)
Total$17,133TotalAmt
Program Services$13,904ProgramServicesAmt
Management And General$1,883ManagementAndGeneralAmt
Fundraising$1,346FundraisingAmt

Other Expenses OtherExpensesGrp (2 entries)

DescDescTotalTotalAmtProgram ServicesProgramServicesAmtManagement And GeneralManagementAndGeneralAmtFundraisingFundraisingAmt
Public Awareness$35,290$17,615$12,744$4,931
Training & Recruitment$1,112$770$342

All Other Expenses AllOtherExpensesGrp

FieldValueIRS element (for citing)
Total$727TotalAmt
Program Services$161ProgramServicesAmt
Management And General$566ManagementAndGeneralAmt

Total Functional Expenses TotalFunctionalExpensesGrp

FieldValueIRS element (for citing)
Total$5,800,715TotalAmt
Program Services$4,626,488ProgramServicesAmt
Management And General$713,998ManagementAndGeneralAmt
Fundraising$460,229FundraisingAmt

Cash Non Interest Bearing CashNonInterestBearingGrp

FieldValueIRS element (for citing)
BOY$862,556BOYAmt
EOY$580,235EOYAmt

Savings And Temp Cash Invst SavingsAndTempCashInvstGrp

FieldValueIRS element (for citing)
BOY$1,067,740BOYAmt
EOY$475,638EOYAmt

Pledges And Grants Receivable PledgesAndGrantsReceivableGrp

FieldValueIRS element (for citing)
BOY$3,051,193BOYAmt
EOY$2,913,858EOYAmt

Prepaid Expenses Defrd Charges PrepaidExpensesDefrdChargesGrp

FieldValueIRS element (for citing)
BOY$70,804BOYAmt
EOY$51,045EOYAmt
FieldValueIRS element (for citing)
Land Bldg Equip Cost Or Other Bss$1,657,118LandBldgEquipCostOrOtherBssAmt
Land Bldg Equip Accum Deprec$975,280LandBldgEquipAccumDeprecAmt

Land Bldg Equip Basis Net LandBldgEquipBasisNetGrp

FieldValueIRS element (for citing)
BOY$825,157BOYAmt
EOY$681,838EOYAmt

Investments Pub Traded Sec InvestmentsPubTradedSecGrp

FieldValueIRS element (for citing)
BOY$11,352,069BOYAmt
EOY$11,680,893EOYAmt

Total Assets TotalAssetsGrp

FieldValueIRS element (for citing)
BOY$17,229,519BOYAmt
EOY$16,383,507EOYAmt

Accounts Payable Accr Expnss AccountsPayableAccrExpnssGrp

FieldValueIRS element (for citing)
BOY$290,024BOYAmt
EOY$333,743EOYAmt

Other Liabilities OtherLiabilitiesGrp

FieldValueIRS element (for citing)
BOY$758,453BOYAmt
EOY$659,986EOYAmt

Total Liabilities TotalLiabilitiesGrp

FieldValueIRS element (for citing)
BOY$1,048,477BOYAmt
EOY$993,729EOYAmt
FieldValueIRS element (for citing)
Organization Follows SFAS117Yes (X)OrganizationFollowsSFAS117Ind

Unrestricted Net Assets UnrestrictedNetAssetsGrp

FieldValueIRS element (for citing)
BOY$11,846,266BOYAmt
EOY$12,468,682EOYAmt

Temporarily Rstr Net Assets TemporarilyRstrNetAssetsGrp

FieldValueIRS element (for citing)
BOY$4,334,776BOYAmt
EOY$2,921,096EOYAmt

Total Net Assets Fund Balance TotalNetAssetsFundBalanceGrp

FieldValueIRS element (for citing)
BOY$16,181,042BOYAmt
EOY$15,389,778EOYAmt

Tot Liab Net Assets Fund Balance TotLiabNetAssetsFundBalanceGrp

FieldValueIRS element (for citing)
BOY$17,229,519BOYAmt
EOY$16,383,507EOYAmt
FieldValueIRS element (for citing)
Reconcilation Revenue Expnss-$926,288ReconcilationRevenueExpnssAmt
Net Unrlzd Gains Losses Invst$135,024NetUnrlzdGainsLossesInvstAmt
Other Changes In Net Assets$0OtherChangesInNetAssetsAmt
Method Of Accounting AccrualYes (X)MethodOfAccountingAccrualInd
Accountant Compile Or Review0AccountantCompileOrReviewInd
FS AuditedYes (1)FSAuditedInd

FS Audited Basis FSAuditedBasisGrp

FieldValueIRS element (for citing)
Consolidated Basis Fincl StmtYes (X)ConsolidatedBasisFinclStmtInd
FieldValueIRS element (for citing)
Audit CommitteeYes (1)AuditCommitteeInd
Federal Grant Audit Required0FederalGrantAuditRequiredInd

Schedule A IRS990ScheduleA

FieldValueIRS element (for citing)
Public Organization170Yes (X)PublicOrganization170Ind

Gifts Grants Contri Rcvd170 GiftsGrantsContriRcvd170Grp

FieldValueIRS element (for citing)
Current Tax Year Minus4 Years$4,178,358CurrentTaxYearMinus4YearsAmt
Current Tax Year Minus3 Years$6,028,641CurrentTaxYearMinus3YearsAmt
Current Tax Year Minus2 Years$6,512,271CurrentTaxYearMinus2YearsAmt
Current Tax Year Minus1 Year$6,373,003CurrentTaxYearMinus1YearAmt
Current Tax Year$4,150,324CurrentTaxYearAmt
Total$27,242,597TotalAmt

Total Calendar Year170 TotalCalendarYear170Grp

FieldValueIRS element (for citing)
Current Tax Year Minus4 Years$4,178,358CurrentTaxYearMinus4YearsAmt
Current Tax Year Minus3 Years$6,028,641CurrentTaxYearMinus3YearsAmt
Current Tax Year Minus2 Years$6,512,271CurrentTaxYearMinus2YearsAmt
Current Tax Year Minus1 Year$6,373,003CurrentTaxYearMinus1YearAmt
Current Tax Year$4,150,324CurrentTaxYearAmt
Total$27,242,597TotalAmt
FieldValueIRS element (for citing)
Substantial Contributors Tot$5,701,662SubstantialContributorsTotAmt
Public Support Total170$21,540,935PublicSupportTotal170Amt

Gross Investment Income170 GrossInvestmentIncome170Grp

FieldValueIRS element (for citing)
Current Tax Year Minus4 Years$151,458CurrentTaxYearMinus4YearsAmt
Current Tax Year Minus3 Years$225,794CurrentTaxYearMinus3YearsAmt
Current Tax Year Minus2 Years$233,367CurrentTaxYearMinus2YearsAmt
Current Tax Year Minus1 Year$261,860CurrentTaxYearMinus1YearAmt
Current Tax Year$290,707CurrentTaxYearAmt
Total$1,163,186TotalAmt

Other Income170 OtherIncome170Grp

FieldValueIRS element (for citing)
Current Tax Year Minus1 Year$7,589CurrentTaxYearMinus1YearAmt
Current Tax Year$3,338CurrentTaxYearAmt
Total$10,927TotalAmt
FieldValueIRS element (for citing)
Total Support$28,416,710TotalSupportAmt
Gross Receipts Rltd Activities$725,261GrossReceiptsRltdActivitiesAmt
Public Support CY1700.75800PublicSupportCY170Pct
Public Support PY1700.74040PublicSupportPY170Pct
Thirty Thr Pct Suprt Tests CY170Yes (X)ThirtyThrPctSuprtTestsCY170Ind

Schedule B IRS990ScheduleB

Contributor Information ContributorInformationGrp

FieldValueIRS element (for citing)
ContributorRESTRICTEDContributorNum

Contributor Business Name ContributorBusinessName

FieldValueIRS element (for citing)
Business Name Line1RESTRICTEDBusinessNameLine1

Contributor US Address ContributorUSAddress

FieldValueIRS element (for citing)
Address Line1RESTRICTEDAddressLine1
Address Line2RESTRICTEDAddressLine2
CityRESTRICTEDCity
StateRESTRICTEDState
ZIP CodeRESTRICTEDZIPCode
FieldValueIRS element (for citing)
Total ContributionsRESTRICTEDTotalContributionsAmt

Schedule C IRS990ScheduleC

Total Grassroots Lobbying TotalGrassrootsLobbyingGrp

FieldValueIRS element (for citing)
Filing Organizations Total$14,818FilingOrganizationsTotalAmt

Total Direct Lobbying TotalDirectLobbyingGrp

FieldValueIRS element (for citing)
Filing Organizations Total$135,400FilingOrganizationsTotalAmt

Total Lobbying Expend TotalLobbyingExpendGrp

FieldValueIRS element (for citing)
Filing Organizations Total$150,218FilingOrganizationsTotalAmt

Other Exempt Purpose Expend OtherExemptPurposeExpendGrp

FieldValueIRS element (for citing)
Filing Organizations Total$4,476,270FilingOrganizationsTotalAmt

Total Exempt Purpose Expend TotalExemptPurposeExpendGrp

FieldValueIRS element (for citing)
Filing Organizations Total$4,626,488FilingOrganizationsTotalAmt

Lobbying Nontaxable Amount LobbyingNontaxableAmountGrp

FieldValueIRS element (for citing)
Filing Organizations Total$381,324FilingOrganizationsTotalAmt

Grassroots Nontaxable GrassrootsNontaxableGrp

FieldValueIRS element (for citing)
Filing Organizations Total$95,331FilingOrganizationsTotalAmt

Tot Lbbyng Grassroot Mns Non Tx TotLbbyngGrassrootMnsNonTxGrp

FieldValueIRS element (for citing)
Filing Organizations Total$0FilingOrganizationsTotalAmt

Tot Lbby Expend Mns Lbbyng Non Tx TotLbbyExpendMnsLbbyngNonTxGrp

FieldValueIRS element (for citing)
Filing Organizations Total$0FilingOrganizationsTotalAmt

Avg Lobbying Nontaxable Amount AvgLobbyingNontaxableAmountGrp

FieldValueIRS element (for citing)
Current Year Minus3$458,092CurrentYearMinus3Amt
Current Year Minus2$464,888CurrentYearMinus2Amt
Current Year Minus1$467,882CurrentYearMinus1Amt
Current Year$381,324CurrentYearAmt
Total$1,772,186TotalAmt
FieldValueIRS element (for citing)
Lobbying Ceiling$2,658,279LobbyingCeilingAmt

Avg Total Lobbying Expend AvgTotalLobbyingExpendGrp

FieldValueIRS element (for citing)
Current Year Minus3$435,767CurrentYearMinus3Amt
Current Year Minus2$368,148CurrentYearMinus2Amt
Current Year Minus1$212,940CurrentYearMinus1Amt
Current Year$150,218CurrentYearAmt
Total$1,167,073TotalAmt

Avg Grassroots Nontaxable AvgGrassrootsNontaxableGrp

FieldValueIRS element (for citing)
Current Year Minus3$114,523CurrentYearMinus3Amt
Current Year Minus2$116,222CurrentYearMinus2Amt
Current Year Minus1$116,971CurrentYearMinus1Amt
Current Year$95,331CurrentYearAmt
Total$443,047TotalAmt
FieldValueIRS element (for citing)
Grassroots Ceiling$664,571GrassrootsCeilingAmt

Avg Grassroots Lobbying Expend AvgGrassrootsLobbyingExpendGrp

FieldValueIRS element (for citing)
Current Year Minus3$28,675CurrentYearMinus3Amt
Current Year Minus2$33,905CurrentYearMinus2Amt
Current Year Minus1$37,933CurrentYearMinus1Amt
Current Year$14,818CurrentYearAmt
Total$115,331TotalAmt

Schedule D IRS990ScheduleD

Leasehold Improvements LeaseholdImprovementsGrp

FieldValueIRS element (for citing)
Other Cost Or Other Basis$1,362,064OtherCostOrOtherBasisAmt
Depreciation$704,866DepreciationAmt
Book Value$657,198BookValueAmt

Equipment EquipmentGrp

FieldValueIRS element (for citing)
Other Cost Or Other Basis$222,469OtherCostOrOtherBasisAmt
Depreciation$214,902DepreciationAmt
Book Value$7,567BookValueAmt

Other Land Buildings OtherLandBuildingsGrp

FieldValueIRS element (for citing)
Other Cost Or Other Basis$72,585OtherCostOrOtherBasisAmt
Depreciation$55,512DepreciationAmt
Book Value$17,073BookValueAmt
FieldValueIRS element (for citing)
Total Book Value Land Buildings$681,838TotalBookValueLandBuildingsAmt

Other Liabilities Org OtherLiabilitiesOrgGrp

FieldValueIRS element (for citing)
DescDeferred rentDesc
Amt$659,986Amt
FieldValueIRS element (for citing)
Total Liability$659,986TotalLiabilityAmt
Footnote TextYes (X)FootnoteTextInd

Supplemental Information Detail SupplementalInformationDetail

FieldValueIRS element (for citing)
Form And Line ReferencePart X, Line 2:FormAndLineReferenceDesc
ExplanationThe Center follows the accounting standard on accounting for uncertainty in income taxes, which addresses the determination of whether tax benefits claimed or expected to be claimed on a tax return should be recorded in the financial statements. Under this guidance, the Center may recognize the tax benefit from an uncertain tax position only if it is more likely than not that the tax position will be sustained on examination by taxing authorities, based on the technical merits of the position. Examples of tax positions include the tax-exempt status of the Center and various positions related to the potential sources of unrelated business taxable income. The tax benefits recognized in the financial statements from such a position are measured based on the largest benefit that has a greater than 50 percent likelihood of being realized upon ultimate settlement. There were no unrecognized tax benefits identified or recorded as liabilities for the financial reporting period projected in these consolidated financial statements. The Center files Forms 990 in the U.S. federal jurisdiction and the State of Illinois. The Center is generally no longer subject to examination by the Internal Revenue Service for tax years before 2013.ExplanationTxt

Schedule G IRS990ScheduleG

Fundraising Event Information FundraisingEventInformationGrp

FieldValueIRS element (for citing)
Event1Dinner 1Event1Nm
Gross Receipts Event1$256,164GrossReceiptsEvent1Amt
Charitable Contri Event1$11,064CharitableContriEvent1Amt
Gross Revenue Event1$245,100GrossRevenueEvent1Amt
Rent Facility Costs Event1$71,254RentFacilityCostsEvent1Amt
Other Direct Expenses Event1$17,738OtherDirectExpensesEvent1Amt
Event2Dinner 2Event2Nm
Gross Receipts Event2$313,615GrossReceiptsEvent2Amt
Charitable Contri Event2$3,850CharitableContriEvent2Amt
Gross Revenue Event2$309,765GrossRevenueEvent2Amt
Rent Facility Costs Event2$109,949RentFacilityCostsEvent2Amt
Other Direct Expenses Event2$20,353OtherDirectExpensesEvent2Amt
Gross Receipts Total$569,779GrossReceiptsTotalAmt
Charitable Contributions Tot$14,914CharitableContributionsTotAmt
Gross Revenue Total Events$554,865GrossRevenueTotalEventsAmt
Rent Fclty Costs Total Events$181,203RentFcltyCostsTotalEventsAmt
Oth Direct Expnss Total Events$38,091OthDirectExpnssTotalEventsAmt
Direct Expense Summary Events$219,294DirectExpenseSummaryEventsAmt
Net Income Summary$335,571NetIncomeSummaryAmt

Schedule J IRS990ScheduleJ

FieldValueIRS element (for citing)
Club Dues Or FeesYes (X)ClubDuesOrFeesInd
Written Policy Ref T And E ExpnssYes (1)WrittenPolicyRefTAndEExpnssInd
Substantiation RequiredYes (1)SubstantiationRequiredInd
Compensation CommitteeYes (X)CompensationCommitteeInd
Form990 Of Other OrganizationsYes (X)Form990OfOtherOrganizationsInd
Compensation SurveyYes (X)CompensationSurveyInd
Board Or Committee ApprovalYes (X)BoardOrCommitteeApprovalInd
Severance Payment0SeverancePaymentInd
Supplemental Nonqual Rtr Plan0SupplementalNonqualRtrPlanInd
Equity Based Comp Arrngm0EquityBasedCompArrngmInd
Comp Based On Revenue Of Flng Org0CompBasedOnRevenueOfFlngOrgInd
Comp Bsd On Rev Related Orgs0CompBsdOnRevRelatedOrgsInd
Comp Bsd Net Earns Flng Org0CompBsdNetEarnsFlngOrgInd
Comp Bsd Net Earns Rltd Orgs0CompBsdNetEarnsRltdOrgsInd
Any Non Fixed PaymentsYes (1)AnyNonFixedPaymentsInd
Initial Contract Exception0InitialContractExceptionInd

Rltd Org Officer Trst Key Empl RltdOrgOfficerTrstKeyEmplGrp (6 entries)

TitleTitleTxtBase Compensation Filing OrgBaseCompensationFilingOrgAmtCompensation Based On Rltd OrgsCompensationBasedOnRltdOrgsAmtBonus Filing OrganizationBonusFilingOrganizationAmountBonus Related OrganizationsBonusRelatedOrganizationsAmtOther Compensation Filing OrgOtherCompensationFilingOrgAmtOther Compensation Rltd OrgsOtherCompensationRltdOrgsAmtDeferred Compensation Flng OrgDeferredCompensationFlngOrgAmtDeferred Comp Rltd OrgsDeferredCompRltdOrgsAmtNontaxable Benefits Filing OrgNontaxableBenefitsFilingOrgAmtNontaxable Benefits Rltd OrgsNontaxableBenefitsRltdOrgsAmtTotal Compensation Filing OrgTotalCompensationFilingOrgAmtTotal Compensation Rltd OrgsTotalCompensationRltdOrgsAmtComp Report Prior990 Filing OrgCompReportPrior990FilingOrgAmtComp Report Prior990 Rltd OrgsCompReportPrior990RltdOrgsAmt
Howard A Learner
President, Ass't Treasurer$349,964$0$3,280$0$665$0$17,980$0$27,924$0$399,813$0$0$0
Kevin Brubaker
Deputy Director$177,405$0$2,450$0$764$0$17,980$0$27,832$0$226,431$0$0$0
Linda Lipton
Director of Development$184,570$0$7,450$0$1,247$0$15,290$0$1,456$0$210,013$0$0$0
Karen Torrent
Federal Legislative Director$144,535$0$2,088$0$300$0$11,749$0$7,391$0$166,063$0$0$0
Allen Grosboll
Co-Legislative Director$136,814$0$2,245$0$0$0$17,343$0$15,664$0$172,066$0$0$0
Robert Kelter
Senior Attorney$149,763$0$7,230$0$673$0$10,673$0$8,120$0$176,459$0$0$0

Supplemental Information Detail SupplementalInformationDetail (2 entries)

Form And Line ReferenceFormAndLineReferenceDescExplanationExplanationTxt
Part I, Line 1aELPC pays all employees $50/month toward health club membership. The benefit is treated as taxable.
Part I, Line 7All reported individuals on Schedule J, Part II received discretionary bonuses for above and beyond performance.

Schedule M IRS990ScheduleM

Securities Publicly Traded SecuritiesPubliclyTradedGrp

FieldValueIRS element (for citing)
Non Cash CheckboxYes (X)NonCashCheckboxInd
Contribution526ContributionCnt
Noncash Contributions Rpt F990$44,065NoncashContributionsRptF990Amt
Method Of Determining RevenuesMarket PriceMethodOfDeterminingRevenuesTxt
FieldValueIRS element (for citing)
Any Property That Must Be Held0AnyPropertyThatMustBeHeldInd
Review Process Unusual NC Gifts0ReviewProcessUnusualNCGiftsInd
Third Parties Used0ThirdPartiesUsedInd

Schedule O IRS990ScheduleO

Supplemental Information Detail SupplementalInformationDetail (11 entries)

Form And Line ReferenceFormAndLineReferenceDescExplanationExplanationTxt
Form 990, Additional Disclosures:The Environmental Law & Policy Center ("ELPC") was involved in the following litigation during FY 2016 (July 1, 2015 - June 30, 2016). Unless otherwise noted, court-awarded fees were not recovered in any of these cases during FY 2016. NATURAL RESOURCES PRESERVATION Herr et al v. United States Forest Service, et al., No. 2:14-cv-00105 (United States District Court for the Western District of Michigan) Herr et al. v United States Forest Service, et al., No. 14-2381 (United States Court of Appeals for the Sixth Circuit) ELPC represents intervenors Sylvania Wilderness Cabins, Timothy Schmidt, Friends of Sylvania, and the Upper Peninsula Environmental Coalition in defending a private landowner's challenge to United States Forest Service regulations prohibiting motorboat usage in the Sylvania Wilderness in Michigan's Upper Peninsula. After the U.S. District Court for the Western District of Michigan issued an Opinion, on September 24, 2014, dismissing Plaintiffs' claims, the Plaintiffs appealed to the U.S. Court of Appeals for the Sixth Circuit, which, on October 9, 2015, issued a decision reversing, in part, and remanding the case to the district court for a decision on the merits. The parties filed cross-motions for summary judgment, and on June 13, 2016, the District Court granted ELPC's and the Forest Service's motions for summary judgment and denied the Plaintiffs' motion. National Parks Conservation Association v. United States Forest Service, et al., Case No. 1:15-cv-01582-APM (U.S. District Court for the District of Columbia) ELPC attorneys represent the National Parks Conservation Association, which filed a lawsuit on September 29, 2015 challenging the Forest Service's decision to permit a gravel mining operation that would be both visible and audible from Theodore Roosevelt National Park. The Forest Service conducted only an Environmental Assessment instead of a more rigorous Environmental Impact Statement. The Forest Service found that there would be no significant environmental impact from the mine that would not be otherwise mitigated. In comments to the Forest Service, the National Park Service opposed this permit approval in light of the scenic and historic importance of Theodore Roosevelt National Park. Elkhorn Minerals, LLC, which would build and operate the gravel mine, intervened in the case. Following the District Court's denial of a motion for preliminary injunction on January 22, 2016, the parties submitted cross-motions for summary judgment on February 10, 2016. On March 31, 2016, the Court denied the Plaintiff's motion for summary judgment and granted the Forest Service's motion for summary judgment. In re Peabody Energy Corporation, et al., Case No. 16-42529-399 (U.S. Bankruptcy Court for the Eastern District of Missouri). ELPC intervened as a party of interest in the Peabody Energy bankruptcy proceedings to request relief from the automatic stay provision of the Bankruptcy Code. When Peabody entered bankruptcy, it was "self-bonding" mine reclamation obligations of about $1.2 billion in four states, including Illinois and Indiana. That means that, instead of securing its cleanup obligations with third-party financial assurances, state regulators had allowed Peabody to secure them with a "promise to pay" based on the purported strength of its balance sheet. Peabody asserted that, even during bankruptcy and upon its emergence, it should be permitted to continue self-bonding its cleanup obligations. ELPC participated in the bankruptcy proceedings to ensure that Peabody would not be allowed to emerge from bankruptcy with continued self-bonding. ELPC subsequently objected to Peabody's plan of reorganization to the extent it could become effective without complete replacement of self-bonds. At the hearing on the plan for reorganization, Peabody stated on the record that all self-bonds would be replaced with commercial surety bonds (and some Indiana bond pool funds) as of the effective date of the plan, thereby resolving ELPC's objection in our favor. CLEAN AIR Natural Resources Defense Council, Inc., Respiratory Health Ass'n and Sierra Club v. Illinois Power Resources, LLC, et al., Case No.: 1:13-cv-01181 (United States District Court for the Central District of Illinois) ELPC attorneys represent the Respiratory Health Association and Sierra Club in litigation asserting that the Dynegy subsidiaries operating the E.D. Edwards Coal Plant near Peoria, Illinois, violated their emission limits on opacity and particulate matter on thousands of occasions. On behalf of their clients, ELPC attorneys are seeking a determination of liability and that remedial actions be taken. The case was filed in April 2013 and remains active. North Dakota et al. v. Heydinger et al., No. 11-cv-3232 (U.S. District Court, District of Minnesota), on appeal, Nos. 14-2156, 14-2251 (U.S. Court of Appeals for the Eighth Circuit) North Dakota and other allied plaintiffs challenged the constitutionality of Minnesota's Next Generation Electricity Act ("NGEA"). On September 20, 2013, ELPC and other environmental groups filed an amicus curiae brief in support of the constitutionality of the NGEA. On April 18, 2014, the District Court judge entered an Opinion and Order holding that the NGEA is unconstitutional, in part, and granting summary judgment to the plaintiffs. The case was appealed to the Eighth Circuit. A three-judge panel voted to affirm the judgement below, but with three separate opinions and no single rationale gaining support from a panel majority. The State of Minnesota ultimately declined to seek rehearing or to petition for certiorari to the U.S. Supreme Court. CLEAN WATER United States et al. v. Metropolitan Water Reclamation District of Greater Chicago, No. 14-1776 (United States Court of Appeals for the Seventh Circuit) On December 14, 2011, the United States Environmental Protection Agency ("U.S. EPA"), the State of Illinois, and the Metropolitan Water Reclamation District of Greater Chicago lodged a Consent Decree with the United States District Court for the Northern District of Illinois related to MWRD's combined sewer overflows. ELPC and four other public interest environmental groups filed a motion to intervene in the case. After reviewing public comments, the United States moved to enter the Consent Decree on June 7, 2013. ELPC and other environmental groups appealed the District Court's entry of the consent decree. Briefing took place from June 2014 to January 2015, and oral argument was held on February 12, 2015. An Opinion was issued by the 7th Circuit on July 9, 2015, thus ending this litigation. Gulf Restoration Network et al v. McCarthy, No. 13-31214 (United States Court of Appeals for the Fifth Circuit) ELPC attorneys are challenging the U.S. EPA's denial of a rulemaking petition requesting that the Agency set numeric water quality standards for nitrogen and phosphorus for states in the Mississippi River Basin. The District Court granted plaintiffs' motion for summary judgment requiring U.S. EPA to render a "determination" whether federal nutrient criteria were necessary to meet the requirements of the Clean Water Act. The U.S. EPA appealed, arguing that the decision was vested to the Agency's unreviewable discretion. On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit vacated the order of the district court and remanded the case for further proceedings in the district court. The case is pending before the District Court. Sierra Club v. Indiana Department of Environmental Management, Indiana Office of Environmental Adjudication, and Peabody Midwest Mining, LLC, Cause No. 49F12-1310-MI-17360 (Marion County Superior Court, Environmental Division, Court No. F12) ELPC attorneys filed this petition for review on behalf of two citizens groups challenging the Indiana Department of Environmental Management's issuance of a National Pollutant Discharge Elimination System ("NPDES") permit to the Bear Run Mine. The petition, filed June 30, 2010, alleged that the Indiana Department of Environmental Management failed to comply with various state and federal water quality standards when it issued the permit. The administrative law judge issued a decision on September 11, 2013, which ELPC attorneys appealed to the Indiana Office of Environmental Adjudication. A decision was issued on September 23, 2015, and the matter was not appealed further.
Form 990, Additional Disclosure Continued:Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (O'Brien Plant, Permit No. 28088), PCB 14-106 (Illinois Pollution Control Board); Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (Calumet Plant, Permit No. 28061), PCB 14-107 (Illinois Pollution Control Board); and Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago (Stickney Plant, Permit No. 28053), PCB 14-108 (Illinois Pollution Control Board) ELPC and other petitioners initiated these third-party appeals of three NPDES permits issued to the Metropolitan Water Reclamation District of Greater Chicago ("MWRD") for operation of three of its water reclamation plants. Separate petitions to the Illinois Pollution Control Board were filed on January 27, 2014, alleging similar deficiencies in each of the three permits issued by the Illinois Environmental Protection Agency. The cases were consolidated on March 6, 2014 and briefed between July and October 2014. The Board issued its decision granting summary judgment in favor of Respondents on December 18, 2014. The case was subsequently appealed to the Illinois Appellate Court. Summary judgment was approved by the Appellate Court on February 26, 2016, remanding the matter back to the Illinois Pollution Control Board for further proceedings. Prairie Rivers Network, Natural Resources Defense Council, Sierra Club, Environmental Law & Policy Center, Friends of Chicago River, and Gulf Restoration Network v. Illinois Pollution Control Board, Illinois Environmental Protection Agency and Metropolitan Water Reclamation District of Greater Chicago, Cause No. 1-15-0971 (In the Appellate Court of Illinois for the First Judicial District) In response to Illinois Pollution Control Board's grant of summary judgment in favor the MWRD and Illinois Environmental Protection Agency in ELPC's challenge of NPDES permits issued to MWRD for the operation of three of its water reclamation plants, ELPC and our colleagues filed an appeal with the Illinois Appellate Court, First District on April 10, 2015. Briefing concluded on November 20, 2015, and summary judgment was approved by the Court on February 26, 2016. The case is now remanded to the Illinois Pollution Control Board for further proceedings. People of the State of Illinois v. Freeman United Coal Mining Co. LLC, and Springfield Coal Co. LLC, PCB 2010-061 (Illinois Pollution Control Board) ELPC attorneys represent two citizen groups in a case to enforce penalties for several hundred NPDES permit violations at a coalmine in central Illinois. ELPC sent a notice of intent to sue the coal mine operators under the citizen suit provisions of the Clean Water Act, which prompted the Illinois Attorney General to file an enforcement action before the Illinois Pollution Control Board prior to the expiration of the notice period. ELPC attorneys represent the citizen groups who moved to intervene in the State's case in February 2010 and were granted leave to intervene in April 2010. ELPC's clients prevailed on summary judgment for liability in November 2012. Settlement discussions are ongoing regarding associated penalties. Prairie Rivers Network and Sierra Club v. Illinois Environmental Protection Agency and Springfield Coal Co. LLC, PCB 13-67 (Illinois Pollution Control Board) ELPC attorneys represent two citizen groups in a third-party appeal of an NPDES permit renewal issued to the Industry Mine. The petition was filed on May 31, 2013 before the Illinois Pollution Control Board, alleging that the Illinois Environmental Protection Agency failed to comply with various state and federal water quality standards when it issued the permit. The case has been stayed pending the resolution of the enforcement case in IPCB 10-61. Sierra Club, Environmental Law & Policy Center, Prairie Rivers Network and Citizens Against Ruining the Environment vs. Midwest Generation, LLC, PCB 2013-015 (Illinois Pollution Control Board) In October 2012, ELPC attorneys, on behalf of ELPC, Prairie Rivers Network and the Sierra Club, filed an administrative enforcement action before the Illinois Pollution Control Board alleging hundreds of violations of Illinois groundwater and opening dumping standards as a result of contamination from coal ash from four Midwest Generation coal plants. The suit remains pending before the Board. Sierra Club and Hoosier Environmental Council v. Indiana Department of Environmental Management and Liberty Mine, LLC, Cause No. 15-W-J-4850 (Indiana Office of Environmental Adjudication) On December 11, 2015, Sierra Club and Hoosier Environmental Council filed a petition for administrative review of Indiana Department of Environmental Management's (IDEM's) issuance of a Clean Water Act Section 401 Certification that the activities proposed by Liberty Mine, LLC will comply with state water quality standards. Petitioners claim that IDEM did not comply with applicable regulations in issuing this certification. On March 21, 2016, ELPC appeared as counsel in this proceeding. The parties are currently engaged in discovery. Sierra Club, Natural Resources Defense Council, Prairie Rivers Network and Environmental Law & Policy Center v. Illinois Environmental Protection Agency and Midwest Generation, LLC, PCB 15-189 (Illinois Pollution Control Board) ELPC attorneys represent citizen groups in a third-party appeal of an NPDES permit renewal issued to the Waukegan Generating Station operated by Midwest Generation. The petition was filed on April 29, 2015, before the Illinois Pollution Control Board, alleging that the Illinois Environmental Protection Agency failed to comply with various state and federal water quality standards when it issued the permit. After briefing, the Board granted Petitioners' Motion for Summary Judgment regarding several issues on April 7, 2016, but reserved final judgment until facts can be further developed in subsequent proceedings. Iowa Environmental Council v. Iowa Department of Natural Resources, CVCV 50224 (Polk County Iowa District Court) On July 23, 2015, ELPC attorneys filed a petition on behalf of the Iowa Environmental Council for judicial review of the Iowa Department of Natural Resources' (DNR) approval of an antidegradation alternatives analysis for a planned wastewater treatment plant expansion for the City of Clarion, Iowa. The petition argued that the antidegradation alternatives analysis approved by DNR did not comply with antidegradation rules that have been incorporated into Iowa law and did not properly consider environmental benefits of less polluting alternatives. After briefing on the record and a hearing, the Court ruled in favor of the Iowa Environmental Council on March 17, 2016. Board of Water Works Trustees v. Sac Count Board of Supervisors et al, No 16-0076 (Iowa Supreme Court) On February 16, 2016, ELPC filed an amicus curiae brief on the questions certified to the Iowa Supreme Court in the Board of Water Works Trustees. ELPC addressed the public health crisis as a result of significant water pollution and argued that the presumption of public benefit underlying immunity for drainage districts under state law should be a rebuttable, and Des Moines Water Works should have the opportunity to do so in this case. ENERGY FEDERAL ENERGY REGULATORY COMMISSION CASES ELPC intervenes frequently in proceedings before the Federal Energy Regulatory Commission ("FERC") regarding transmission, reliability must-run, and wholesale market structure issues. In FY 2016, ELPC attorneys worked on the following cases: -Midcontinent Independent System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 07-11-2013 SA 6502 Ameren-MISO SSR Agreement; FERC Docket ER13-1962-000. -Formal Complaint of FirstEnergy Service Company; FERC Docket EL14-55. -Midcontinent Independent System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii): 2014-01-31_SA 6506 Presque Isle SSR Agreement; FERC Docket ER14-1242. -Public Service Commission of Wisconsin Formal Complaint; FERC Docket EL14-34. -Electric Power Supply Association et al. v. AEP Generation Resources, Inc. and Ohio Power Company, FERC Docket EL 16-33. -Electric Power Supply Association et al. v. FirstEnergy Solutions Corp. et al., FERC Docket EL 16-34.
Form 990, Additional Disclosure Continued:STATE COURT ENERGY CASES Supreme Court of Ohio: Environmental Law & Policy Center v. Public Utilities Commission of Ohio, No. 2013-0513 (Supreme Court of Ohio) ELPC appealed a Public Utilities Commission of Ohio ("PUCO") decision approving FirstEnergy's electric security plan, asserting that the decision was unlawful because FirstEnergy did not follow PUCO rules in filing a completed application and testimony supporting the application. The Supreme Court denied ELPC's appeal on May 18, 2016, concluding that any error did not cause prejudice to ELPC. In the Matter of the Application of Champaign Wind, LLC, for a Certificate to Construct a Wind-Powered Electric Generating Facility in Champaign, Count, Ohio, No. 2013-1874 (Supreme Court of Ohio) ELPC, along with other environmental organizations, filed an amicus curiae brief in support of the Ohio Power Siting Board's decision to approve the siting of the wind farm. ELPC argued that Ohio's renewable portfolio standard did not violate the "dormant" Commerce Clause. On April 13, 2016, the Ohio Supreme Court issued an opinion upholding the Board's decision on other grounds and declining to rule on the dormant Commerce Clause issue. In the Matter of the Adoption of Rules for Alternative and Renewable Energy Technology, Resources, and Climate Regulations, and Review of Chapters 4901:5-1, 4901:5-5, and 4901:5-7 of the Ohio Administrative Code, Pursuant to Amended Substitute Senate Bill No. 221. Case No. 2013-1472 (Supreme Court of Ohio) ELPC filed a brief in support of rules regarding accounting for savings from utility energy efficiency programs issued by the Public Utilities Commission of Ohio. The Ohio Supreme Court has not yet set a date for oral argument or ruled on the case. In the Matter of the Review of the Alternative Energy Rider Contained in the Tariffs of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company; Case No. 2013-2026 ELPC appealed a decision by the Public Utilities Commission of Ohio granting trade secret protection to information regarding FirstEnergy purchases of renewable energy credits. The Ohio Supreme Court has not yet set a date for oral argument or ruled on the case. STATE PUBLIC UTILITIES COMMISSION CASES ELPC intervenes in state public utilities regulatory commission proceedings regarding electric and natural gas utility rate regulation, renewable energy and energy efficiency issues, and terms of service. ELPC works in these cases to improve energy efficiency and renewable energy policies and programs at the state level. In FY 2016, ELPC attorneys worked on the following cases: Illinois Commerce Commission -The Citizens Utility Board and he Environmental Law and Policy Center Petition to Initiate Rulemaking with Notice and Comment for Approval of Certain Amendments to Illinois Administrative Code Part 466 Concerning Interconnection Standards for Distributed Generation; Docket No. 14-0135 -Application for an Order Granting Grain Belt Express Clean Line LLC a Certificate of Public Convenience and Necessity pursuant to Section 8-406.1 of the Public Utilities Act to Construct, Operate and Maintain a High Voltage Electric Service Transmission Line and to Conduct a Transmission Public Utility Business in connection therewith and authorizing Grain Belt Express Clean Line Pursuant to Section 8-503 and 8-406.1(i) of the Public Utilities Act to Construct the High Voltage Electric Transmission Line; Docket No 15-0277. Case was appealed to the Illinois Court of Appeals and is awaiting decision. -Amendment of 83 Ill. Adm. Code 465; Docket 15-0273; Net metering rulemaking - ELPC intervened and filed comments regarding the proposed net metering rules -Amendment of 83 Ill. Adm. Code 412 and 83 Ill. Adm. Code 453; Docket 15-0512 - ELPC intervened, filed comments and served discovery regarding proposed amendments to Adm. Code 412.190, which regulates marketing for renewable energy electricity products. Iowa Utilities Board -In re: Interstate Power & Light Company; Docket No. TF-2014-0546 - the ELPC filed to highlight concerns with the methodology of Interstate Power & Light Company's PURPA avoided cost tariff filing. The Board never ruled in this docket, and Interstate filed to withdraw this tariff when it filed its most recent tariff. -Distributed Generation Inquiry; Docket No. NOI-2014-0001 - the ELPC participated to defend net metering and promote other policies to support solar and distributed generation. -In Re: Pella Electric Cooperative Association, Docket No. TF-2015-0305 - On August 4, 2015, ELPC intervened and filed an objection to Pella Electric's proposed $85 charge on renewable energy facilities on behalf of ELPC, Iowa Environmental Council, Iowa Solar Energy Trade Association, Iowa Interfaith Power and Light, Solar Energy Industries Association, Vote Solar and two Pella Electric members. Pella Electric withdrew its proposed tariff on August 27, 2015, and the Board accepted the withdrawal on September 1, 2015. -Eagle Point Solar, LLC v. Interstate Power and Light Company, Docket No. FCU-2015-0009 - On July 29, 2015, ELPC filed a petition to intervene on behalf of itself, the Iowa Environmental Council, Iowa Solar Energy Trade Association, Iowa Interfaith Power and Light, Solar Energy Industries Association, and Winnesheik Energy District. The case raised three issues: 1) whether net metering was allowed for third party financed systems, 2) whether Interstate's tariff excluding large general service customers from net metering was consistent with Iowa law; and 3) whether Interstate's tariff change requiring a year of energy usage below a kWh threshold was discriminatory. Our intervention focused on issues one and two. After the intervention, Interstate conceded that a 2014 Iowa Supreme Court case made clear third-party financing was legal in Iowa and net metering like other rules applied. -In re: Interstate Power & Light Company; Docket No. EPB-2014-0150 - ELPC intervened in Interstate Power & Light Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has participated in discovery. On January 16, 2015, the parties filed a joint settlement agreement, which the Board approved on March 23, 2015. The parties are continuing implementation of the settlement. -In re: MidAmerican Energy Company; Docket No. EPB-2014-156 - ELPC intervened in MidAmerican Energy Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has participated in discovery. On January 8, 2015, the parties filed a joint settlement agreement, which the Board approved on March 12, 2015. The parties are continuing implementation of the settlement. -In re: Interstate Power & Light Company; Docket No. EPB-2016-0150 - ELPC intervened in Interstate Power & Light Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has engaged in discovery and in settlement discussions. -In re: MidAmerican Energy Company; Docket No. EPB-2016-156 - ELPC intervened in MidAmerican Energy Company's Emission Plan and Budget docket to advocate for the most effective compliance with environmental regulations including the Clean Power Plan. ELPC has engaged in discovery and in settlement discussions. -Application of MidAmerican Energy Company for a Determination of Ratemaking Principles RPU-2015-0002 - On May 13, 2015, ELPC filed an intervention on behalf of itself and the Iowa Environmental Council to support MidAmerican's Wind X project. ELPC engaged in discovery, filed direct testimony and participated in settlement discussions. The Board approved the settlement with modifications on August 21, 2015. -Application of MidAmerican Energy Company for a Determination of Ratemaking Principles RPU-2016-0001 - On May 2, 2016, ELPC filed an intervention on behalf of itself and the Iowa Environmental Council to support MidAmerican's Wind XI project. ELPC engaged in discovery, filed direct testimony, and participated in settlement discussions. Michigan Public Service Commission -In the matter of the application of Consumers Energy Company for authority to amend its renewable energy plan, Docket U-17752 -In the matter of the Commission's own motion regarding the regulatory reviews, revisions, determinations, and/or approvals necessary for CONSUMERS ENERGY COMPANY to fully comply with Public Acts 295 of 2008; Docket U-17792 -In the matter of the application of CONSUMERS ENERGY COMPANY for ex parte approval of a solar distributed generation pilot program; Docket U-17875
Form 990, Additional Disclosure Continued:-In the matter of the application of DTE ELECTRIC COMPANY for authority to increase its rates, amend its rate schedules and rules governing the distribution and supply of electric energy, and for miscellaneous accounting authority; Docket U-17767 -In the matter of the Application CONSUMERS ENERGY COMPANY for Authority to increase its rates for the generation and distribution of electricity and for other relief; Docket U-17990 Minnesota Public Utilities Commission -In the Matter of Xcel Energy's Plan for a Community Solar Garden Program Pursuant to Minn. Stat. 216B.1641; Docket Number: E002/M-13-867 -In the Matter of the Further Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. 216B.2422, subd. 3; Docket Number: E999/CI-14-643 -In the Matter of a Commission Inquiry into Fees Charged on Qualifying Facilities; Docket Number: E999/CI-15-755 Public Utilities Commission of Ohio -In the Matter of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company for Authority to Provide for a Standard Service Offer Pursuant to Section 4928.13, Revised Code, in the Form of an Electric Security Plan; PUCO Case No. 12-1230-EL-SSO. In this case, the PUCO approved an Electric Security Plan proposed by FirstEnergy. ELPC filed an appeal of this case before the Ohio Supreme Court, which was denied by the Court on May 18, 2016, in Case No. 2013-0513. -In the Matter of the Application of The Cleveland Electric Illuminating Company, Ohio Edison Company, and the Toledo Edison Company for Approval of their Energy Efficiency and Peak Demand Reduction Program Plans for 2013 through 2015; PUCO Case Nos. 12-2190-EL-POR, 12-2191-EL-POR, 12-2192-EL-POR. ELPC filed comments in opposition to an application by FirstEnergy to suspend most of its energy efficiency programs pursuant to Senate Bill 310. The PUCO granted FirstEnergy's application, and the docket remains open while FirstEnergy administers its remaining programs. -In the Matter of the Application of Duke Energy Ohio, Inc., for Approval of its Energy Efficiency and Peak Demand Reduction Portfolio Programs; PUCO Case No. 13-0431-EL-POR. ELPC participated in Duke's proceeding for approval of its portfolio of energy efficiency programs. The portfolio was approved and the docket remains open while Duke administers its programs. -In the Matter of the Application of the Dayton Power and Light Company for Approval of its Energy Efficiency and Peak Demand Reduction Program Portfolio Plan for 2013 through 2015; PUCO Case Nos. 13-0833-EL-POR, 13-0837-EL-WVR. ELPC participated in Dayton Power & Light's proceeding for approval of its portfolio of energy efficiency programs. The portfolio was approved and the docket remains open while Dayton Power & Light administers its programs. -In the Matter of the Review of the Alternative Energy Rider Contained in the Tariffs of Ohio Edison Company, the Cleveland Electric Illuminating Company, and the Toledo Edison Company; PUCO Case No. 11-5201-EL-RDR. In this case the PUCO reviewed renewable energy credit procurements by FirstEnergy. ELPC has a pending appeal of this case before the Ohio Supreme Court, Case No. 2013-2026. -In the Matter of the Commission's Investigation of Ohio's Retail Electric Service Market; PUCO Case No. 12-3151-EL-COI. This is a docket opened by the PUCO to investigate potential improvements to Ohio's competitive retail electricity market, in which ELPC offered comments. The final order in the case was issued in May 2014, but the docket remains open during implementation of certain aspects of the order. -In the Matter of the Ohio Power Siting Board's Review of Chapters 4906-1, 4906-5, 4906-7, 4906-11, 4906-13, 4906-15, and 4906-17 of the Ohio Administrative Code. Ohio Power Siting Board Case No. 12-1981. Rulemaking docket seeking stakeholder input on potential revisions to Ohio Power Siting Board rules for approval of transmission projects, as well as siting of wind projects in the wake of amendments to state law requiring setbacks for wind turbines. ELPC offered comments regarding the transmission siting rules, which were incorporated in part in an OPSB order issued in February 2014. The Board finalized adoption of the relevant portions of the rules in a November 2015 order and closed the docket in February 2016. -In the Matter of the Commission's Review of its Rules for Energy Efficiency Programs Contained in Chapter 4901:1-39 of the Ohio Administrative Code; PUCO Case No. 13-0651. Rulemaking docket seeking stakeholder input on PUCO rules regarding utility energy efficiency programs and renewable energy requirements. The case is still pending in light of intervening revisions to Ohio's energy efficiency and renewable energy laws. -In the Matter of the Annual Verification of the Energy Efficiency and Peak Demand Reductions Achieved by the Electric Distribution Utilities Pursuant to R.C. 4928.66; PUCO Case No. 13-1027. Docket regarding the report of the PUCO's independent evaluator on the 2011 Ohio utility energy efficiency programs. The PUCO has not yet issued an order approving the report. -In the Matter of the Energy Efficiency and Peak Demand Reduction Program Portfolio Status Report of Ohio Edison Company, The Cleveland Electric Illuminating Company and the Toledo Edison Company; PUCO Case No. 13-1185, 13-1186, 13-1187. Docket for the filing of FirstEnergy's annual report on its 2012 energy efficiency programs. There has not been any final order in the case. -In the Matter of the Application of Ohio Power Company to Initiate Phase 2 of its gridSMART Project and to Establish the gridSMART Phase 2 Rider; PUCO Case No. 13-1939. AEP application to continue deployment of smart grid technology in its service territory. ELPC submitted comments encouraging the implementation of cost-effective technologies such as Volt/VAR and expanded reporting by AEP on the results of its efforts. An evidentiary hearing regarding approval of the stipulation is now scheduled to begin August 1, 2016. -In the Matter of the Application of Ohio Power Company for Authority to Establish a Standard Service Offer Pursuant to 4928.143, Revised Code, in the Form of an Electric Security Plan; PUCO Case No. 13-2385; In the Matter of the Application of Ohio Power Company for Approval of Certain Accounting Authority; PUCO Case No. 13-2386. AEP application for an Electric Security Plan for 2015-2018. ELPC participated at hearing and submitted post-hearing briefing opposing PUCO approval of a power purchase agreement that would require customers to bear the costs of AEP's ownership stake in two Ohio Valley Electric Corporation coal plants. The PUCO rejected that portion of AEP's proposal in a February 25, 2015 order, but approved a placeholder rider allowing for such power purchase agreements to be proposed in the future. That decision is currently pending rehearing. Meanwhile, on April 13, 2016, AEP filed an application to extend the term of the approved ESP and modify certain terms in accordance with an approved stipulation in Case No. 14-1693. No schedule has been set for consideration of that application. -In the matter of the application of Duke Energy Ohio, Inc. for Recovery of Program Costs, Lost Distribution Revenue and Performance Incentives Related to its Energy Efficiency and Demand Response Programs; PUCO Case No. 14-457. Duke filing seeking cost recovery related to its energy efficiency and demand reduction programs. ELPC sought late intervention after the PUCO issued a May 2015 order disapproving Duke's method of calculating shared savings incentive payments, providing our view of the agreed upon incentive mechanism without taking a position on the issue. Duke and PUCO staff filed a joint stipulation in January 2016. The PUCO has not yet issued an order regarding the stipulation. -PUCO Case No. 14-841; In the Matter of the Application of Duke Energy Ohio for or Authority to Amend its Certified Supplier Tariff, P.U.C.O. No. 20; PUCO Case No. 14-842. Duke application for an Electric Security Plan for 2015-2018. ELPC participated at hearing and submitted post-hearing briefing opposing PUCO approval of a power purchase agreement that would require customers to bear the costs of Duke's ownership stake in two Ohio Valley Electric Corporation coal plants. The PUCO rejected that portion of Duke's proposal in a February 25, 2015 decision, which is currently pending rehearing.
Form 990, Additional Disclosure Continued:-In the Matter of the Amendment of Chapters 4901:1-10 and 4901:1-21, Ohio Administrative Code, Regarding Electric Companies and Competitive Retail Electric Service, to Implement 2014 Sub.S.B. No. 310; PUCO Case No. 14-1411. Rulemaking docket to implement 2014 law requiring utilities to disclose the costs of compliance with state energy efficiency and renewable portfolio standards. ELPC coordinated with other environmental groups to provide comments seeking a full disclosure of the costs and benefits of the standards. The PUCO issued an order in December 2014 that required the disclosure only of the costs of the standards, and denied an ELPC application for rehearing in August 2015. -In the Matter of the Application of Duke Energy Ohio, Inc. for Approval to Continue Cost Recovery Mechanism for Energy Efficiency Programs through 2016; PUCO Case No. 14-1580. Duke application pursuant to a prior stipulation to extend the shared savings cost recovery mechanism for its energy efficiency programs, set to expire at the end of 2015, through 2016. The PUCO held a hearing in July 2015 but has yet to issue an order in the case. -In the Matter of the Application of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company for Authority to Provide for a Standard Service Offer Pursuant to R.C. 4928.143 in the Form of an Electric Security Plan; PUCO Case No. 14-1297. FirstEnergy application for approval of a 2016-2019 Electric Security Plan, including a proposal to purchase power at ratepayer expense from three coal plants and a nuclear plant owned by its unregulated generation affiliate. ELPC has participated as a party opposing the power purchase agreement and certain energy efficiency programs proposed by stipulation outside of the existing portfolio planning process. After the PUCO issued an order approving the stipulated plan in March 2016, FirstEnergy proposed certain modifications on rehearing in May 2016. A hearing on the modified proposal is scheduled for July 2016. -In the Matter of the Application Seeking Approval of Ohio Power Company's Proposal to Enter into an Affiliate Power Purchase Agreement for Inclusion in the Power Purchase Agreement Rider; PUCO Case No. 14-1693; In the Matter of the Application of Ohio Power Company for Approval of Certain Accounting Authority; PUCO Case No. 14-1694. AEP application for approval of an agreement to purchase power from a number of coal plant units owned by its unregulated generation affiliate in Ohio at ratepayer expense, with similar treatment for its ownership interest in two Ohio Valley Electric Corporation plants. ELPC intervened in the case to oppose the agreement. AEP, PUCO staff, and several parties filed a joint stipulation in December 2015. On March 31, 2016, the PUCO issued an order approving the stipulation with amendments, but AEP proposed certain modifications to the stipulation through rehearing briefing in May 2016. The PUCO has not yet acted on the proposed modifications. -In the Matter of the Joint Application of Ohio Power Company and Solvay Specialty Polymers for Approval of a Special Arrangement Agreement; PUCO Case No. 14-2296; In the Matter of the Joint Application of Ohio Power Company and Kraton Polymers U.S. LLC for Approval of a Special Arrangement Agreement; PUCO Case No. 14-2304. Related AEP filings seeking PUCO approval of incentive payments for two combined heat and power projects under AEP's energy efficiency portfolio plan. ELPC coordinated with other environmental groups to file comments supporting the application but seeking certain modifications. The PUCO approved the applications in November 2015. -In the Matter of the Commission's Review of Chapter 4901:1-10, Ohio Administrative Code, Regarding Electric Companies; PUCO Case No. 12-2050. PUCO rulemaking docket reviewing certain rules, including net metering rules. ELPC offered comments in the initial rulemaking process, which resulted in final rule supportive of distributed generation. However, the PUCO withdrew that rule before it took effect and in March 2015 reopened the docket to revisit the net metering provisions. In November 2015, the PUCO issued a new draft rule for comments preserving large portions of the original final rule. The PUCO has not yet issued a final rule. -In the Matter of the Application of The Dayton Power and Light Company for an Increase in Electric Distribution Rates; PUCO Case No. 15-1830; In the Matter of the Application of The Dayton Power and Light Company for Approval to Change Accounting Methods; PUCO Case No. 15-1831. DP&L distribution rate case application, including a proposal to increase the residential fixed customer charge. No schedule has yet been set for consideration of the application. -In the Matter of the Application of The Dayton Power and Light Company for Tariff Approval; PUCO Case No. 16-395; In the Matter of the Application of The Dayton Power and Light Company for Approval of Revised Tariffs; PUCO Case No. 16-396; In the Matter of the Application of The Dayton Power and Light Company for Approval of Certain Accounting Authority Pursuant to Ohio Rev. Code 4905.13; PUCO Case no. 16-397. DP&L application for approval of a 2017-2019 Electric Security Plan, including a proposal for a ratepayer subsidy for certain generation facilities owned by a DP&L affiliate. The PUCO has not yet set a procedural schedule for the case. -In the Matter of the Filing by Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company of a Grid Modernization Business Plan; Case No. 16-481. FirstEnergy grid modernization plan filing describing potential grid modernization initiatives for the PUCO's review and approval. ELPC has intervened and will participate to ensure the cost-effective implementation of grid modernization technologies to reduce energy consumption and produce corresponding environmental benefits. -In the Matter of the Application of Duke Energy Ohio, Inc., for Approval of its Energy Efficiency and Peak Demand Reduction Portfolio of Programs; PUCO Case No. 16-576. Duke application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. -In the Matter of the Application of The Dayton Power and Light Company for Approval of Its Energy Efficiency and Peak Demand Reduction Program Portfolio Plan; PUCO Case No. 16-649. DP&L application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. -In the Matter of the Application of Ohio Edison Company, The Cleveland Electric Illuminating Company, and The Toledo Edison Company For Approval of Their Energy Efficiency and Peak Demand Reduction Program Portfolio Plans; PUCO Case No. 16-743. FirstEnergy application for approval of its portfolio of energy efficiency programs for 2017-2019. ELPC has intervened and will participate in advocating for robust, cost-effective energy efficiency programs. The PUCO has scheduled an evidentiary hearing in this case for October 11, 2016. -In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Ohio Edison Company; PUCO Case No. 16-941; In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Cleveland Electric Illuminating Company; PUCO Case No. 16-942; In the Matter of the 2015 Application for the Energy Efficiency and Peak Demand Reduction Portfolio Status Report of the Toledo Edison Company; PUCO Case No. 16-943. FirstEnergy's annual report on its 2015 energy efficiency programs and shared savings claim. ELPC submitted comments regarding the report in June 2016 regarding the legal and factual basis for FirstEnergy's claimed shared savings incentive payment.
Form 990, Additional Disclosure Continued:Public Service Commission of Wisconsin -Joint Application of American Transmission Company LLC and Northern States Power Company-Wisconsin, as Electric Public Utilities, for Authority to Construct and Operate a New Badger-Coulee 345 kV Transmission Line from the La Crosse Area, in La Crosse County, to the Greater Madison Area in Dane County, Wisconsin; PSCW Docket No. 5-CE-142 TRANSPORTATION Openlands, et al. v. U.S. Department of Transportation, et al., No. 1:13-cv-04950 (United States District Court for the Northern District of Illinois) ELPC attorneys represent three environmental organizations in a lawsuit against the United States Department of Transportation and related agencies and officials involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on July 10, 2013, alleging that the Defendants violated the National Environmental Protection Act by approving the Tier 1 Final Environmental Impact Statement ("FEIS") and Record of Decision ("ROD"). On June 16, 2015, the District Court granted Plaintiffs' Motion for Summary Judgment and declared that the Defendants violated the National Environmental Policy Act in approving its FEIS and ROD. The Court remanded the Tier 1 FEIS and ROD to the agencies for proceedings consistent with the judgment. The defendants appealed to the United States Court of Appeals for the Seventh Circuit, but voluntarily withdrew their appeal in September 2015. ELPC requested attorneys' fees and costs pursuant to the Equal Access to Justice Act. ELPC and the Department of Justice reached settlement on the issue of attorney fees and costs, and ELPC received $45,423.10. Openlands, et al. v. U.S. Department of Transportation, et al., No. 1:15-cv-04529 (United States District Court for the Northern District of Illinois) ELPC attorneys represent three environmental organizations in a lawsuit against the United States Department of Transportation and related agencies and officials involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on May 21, 2015, alleging that the Defendants violated the National Environmental Protection Act ("NEPA") by approving the Tier 2 Final Environmental Impact Statement ("FEIS") and Record of Decision ("ROD"). Plaintiffs request that the Court declare the Defendants in violation of NEPA, reverse the FEIS and ROD, and enjoin the Defendants from using the FEIS and ROD in further proceedings. Plaintiffs filed a Motion for Status Hearing on October 2, 2015, and Defendants filed a Joint Motion to Stay Proceedings on October 9, 2015; the parties briefed these motions. On February 29, 2016, Plaintiffs filed a Motion for Decision or, in the Alternative, Request for Status Update. On May 3, 2016, the Court granted Defendants' Joint Motion for a Stay, denied Plaintiffs' Motion as moot, and requested briefing on the issues of preclusion and ripeness. Briefing on these issues concluded on June 24, 2016. The parties are waiting for the Court to rule. Openlands et al. v. U.S. Department of Transportation et al., Case Nos. 15-2724, 15-2725, 15-2726 (United States Court of Appeals for the Seventh Circuit) This was a case combining the appeals of the decision in Openlands, et al. v. U.S. DOT et al., No. 1:13-cv-04950 (N.D. Ill. 2015) by Defendants Illinois Department of Transportation, Indiana Department of Transportation, and the Federal Highway Administration. Openlands, et al. v, Illinois Department of Transportation, et al., No. 2014-CH-06630 (Circuit Court of Cook County); No. 1:14-cv-03912 (United States District Court, Northern District of Illinois) ELPC attorneys represent two environmental organizations in a lawsuit against the Illinois Department of Transportation (IDOT) and two regional transportation planning agencies involving the proposed Illiana Corridor highway project in northern Illinois and Indiana. Plaintiffs filed their complaint on April 17, 2014, alleging that Defendants violated the Illinois Regional Planning Act (RPA) by carrying forward the project without prior approval by the Chicago Metropolitan Agency for Planning. Plaintiffs request that the court declare the Defendants in violation of the RPA and enjoin IDOT from continuing to spend public funds on the proposed highway project. ELPC filed a Motion for Summary Judgment on August 18, 2014. ELPC filed an Amended Motion for Summary Judgment on April 10, 2015. The judge allowed written and oral discovery, which concluded on March 31, 2016. Briefing concluded on June 27, 2016. Department of Transportation, et al. v. Association of American Railroads, United State Supreme Court, No. 13-1080, USDOT v. Assn. of Amer. Railroads, 2015 U.S. Lexis 1713 (U.S. March 9, 2015) In August 2014, the Solicitor General of the United States, on behalf of the Department of Transportation, sought Supreme Court review of the July 2, 2013 decision by the District Court of Appeals for the District of Columbia, vacating Section 207 of the Passenger Rail Investment and Improvement Act of 2008, ("PRIIA"), 49 U.S.C. 24101, as unconstitutional. Section 207 of PRIIA involves metrics and standards of performance for passenger rail service promulgated by the Federal Railroad Administration. The Association of American Railroads brought the case against the United States Department of Transportation challenging the validity of those standards. In August 2014, attorneys representing ELPC, the National Association of Railroad Passengers, All Aboard Ohio and Virginians for High Speed Rail filed an amicus brief in the case supporting the constitutionality of Section 207. On March 9, 2015, the Supreme Court unanimously vacated the lower court decision finding that Section 207 was constitutional and remanded it back to the court of appeals for further proceedings.
Form 990, Part VI, Section A, line 6ELPC shall have one class of members. The Board of Directors may, from time to time, designate different subclasses such as "Sustaining," "Sponsoring," "Participating, and similar such classes.
Form 990, Part VI, Section B, line 11ELPC's Deputy Director was closely involved in the preparation of Form 990. Form 990 was reviewed by the Executive Director and the Treasurer and it was distributed to the entire Board of Directors prior to its filing.
Form 990, Part VI, Section B, line 12cELPC annually distributes the conflict of interest statement to its directors to ensure that they are aware of its requirements. In the course of meetings and activities involving ELPC, any board member or staff member will disclose any interests in a transaction or decision where he/she has a material interest in the outcome or where his/her other affiliations might impair his/her ability to act solely in the best interests of ELPC. Attorneys are also expected to follow the rules of professional conduct provided by American Bar Association concerning conflicts of interest. A board member will not be permitted to vote on any matter on which he/she has a material interest. The executive director shall decide to what extent, if any, a staff member may participate in an activity in which he/she has a material interest.
Form 990, Part VI, Section B, line 15aThe Executive Director's compensation is determined by the Executive Committee of the Board of Directors based on an annual performance appraisal and benchmarking against salaries of executive directors of comparable nonprofit organizations.
Form 990, Part VI, Section C, line 19The governing documents and financial statements are available upon request for the same period of disclosure as set forth in IRC Section 6104(d).

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Reimbursement Paid To Other Org0ReimbursementPaidToOtherOrgInd
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