In today’s episode continuing our eight-part series, we examine how nonprofits are effectively advocating for environmental justice. We’ll analyze practical strategies for building awareness and securing advocacy funding while navigating the regulatory frameworks that govern nonprofit activism. Join us for a clear-eyed look at how organizations are making meaningful progress in environmental protection and climate action. 

Attorneys for this episode  

Tim Mooney 

Quyen Tu 

Susan Finkle Sourlis 

Shownotes

Current Events / Executive Orders: 

• Trump Administration Environmental Rollbacks 

• Rescinded EPA’s Environmental Justice Screening Tool (EJSCREEN) 

• Repealed Biden-era executive orders on Justice40, climate equity, and cumulative impacts assessments 

• Reinstated NEPA rules from 2019, reducing environmental review for pipelines, highways, and factories 

• Revoked protections for sacred Indigenous lands (e.g., Bears Ears downsizing, drilling leases on Chaco Canyon perimeter) 

• Impacts on Vulnerable Communities: 

• Halted all EPA funding for community air monitoring programs in EJ-designated census tracts 

• Suspended grants to community-based climate resilience projects 

• Cut FEMA’s BRIC (Building Resilient Infrastructure and Communities) equity prioritization language 

• Reopened refineries and power plants previously closed for Clean Air Act violations, especially in Black and Latino neighborhoods 

• EPA DEI cuts: 

• Environmental Protection Agency (EPA) has announced plans to cancel nearly 800 environmental justice grants, totaling over $1.5 billion, which were intended to support projects mitigating climate change impacts in vulnerable communities . 

•  Additionally, the EPA is undergoing a reduction in force, affecting employees in its Office of Environmental Justice and External Civil Rights, as part of a broader effort to realign the agency’s mission 

·      Non-Lobbying Advocacy

o   Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can…

o   Educate the public about issues of importance to your organization.

§  Waterkeeper Alliance is holding EPA Admin Lee Zeldin accountable for cuts to PFAS research.

o   Hold a rally

§  Memphis Community Against Pollution rallied to celebrate a victory for clean water, while turning its attention to a clean air fight against an Elon Musk-owned company’s proposed data center.

o   Initiate or participate in litigation

§  AFJ member Earthjustice has sued the Trump administration’s improper withholding of IRA grant funds for projects that included Rural Energy for America Program (REAP) grants to install solar panels on small farms.

o   Fund Advocacy

§  Meyer Memorial Trust funded  41 organizations with EJ awards totaling $6.9 million in 2024 with a focus on frontline and indigenous communities

·      Lobbying

o   501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities.

o   Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in.

§  Insubstantial part test vs. 501(h) expenditure test.

§  Under either test, lobbying includes attempts to influence legislation at any level of government.

§  Track your local, state, and federal lobbying, and stay within your lobbying limits.

o   State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws.

o   Lobbying wins

§  Hawaii just passed a first-of-its-kind climate tax on short-term accommodations to fund defenses against climate change fueled disasters. Sierra Club of Hawaii has been actively lobbying on climate change legislation for years.

§  Ballot measure wins (h/t The Nature Conservancy)

·      California: $10 billion climate bond that funds climate resilience, protecting clean drinking water and preventing catastrophic wildfires. 

·      Washington: An effort to roll back the state’s Climate Commitment Act was defeated. The CCA provides millions for conservation, climate and wildfire funding, including funding for Tribal nations and at-risk communities.

·      Minnesota: Renewal of the Environment and Natural Resources Trust Fund for another 25 years. The fund will provide $2 billion ($80 million per year from state lottery proceeds) to protect water, land and wildlife across the state.

Resources –

·      Earth & Equity: The Advocacy Playbook for Environmental Justice

·      Public Charities Can Lobby (Factsheet)

·      Practical Guidance: what your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0

On this episode of the Rules of the Game podcast (the third in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting criminal legal reform advocates and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to legislative proposals to initiating litigation, nonprofits nationwide are standing up to fight for our rights and critical reforms to our criminal legal system. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy to ensure due process, protect the rights of the accused, and improve judicial systems.

Attorneys for this episode

Monika Graham

Melissa Marichal Zayas

Natalie Roetzel Ossenfort

Show notes

·      Recent Headlines: Legislation, Litigation, and More!

o   Legislation:

§  Family Notification of Death, Injury, or Illness in Custody Act: Bipartisan legislation introduced in the U.S. Senate. Would require the DOJ to issue guidance on how federal prisons should promptly notify families of incarcerated individuals who become seriously ill or pass away in prison.

o   Litigation

§  Criminal legal reform advocates scored a win in Michigan recently, when the MI Supreme Court ruled that mandatory / automatic life without parole sentences for 19-20 year olds convicted of murder are unconstitutional.

o   Executive Branch Actions:

§  Earlier this year, the DOJ froze work on police reform and other civil rights cases. Now, (in the absence of DOJ leadership on these issues), the burden has shifted to local governments to take action.

o   Keep on Your Radar: Trump’s “Opening Salvo” in His War Against Criminal Justice Reform Starts With This Nonprofit

§  The Vera Institute of Justice, a major criminal justice reform nonprofit, had all five of its federal grants—worth about $5 million—abruptly terminated by the Department of Justice under Attorney General Pam Bondi, a key Trump ally.

§  Evaluate your funding sources, and make sure you’re not overly dependent on any one source.

·      Non-Lobbying Advocacy

o   Nonpartisan Advocacy 101: 501(c)(3)s cannot support or oppose candidates for public office, but they can…

o   Educate the public about issues of importance to your organization.

§  Equal Justice Initiative recently provided education related to the wrongful incarceration and conviction of black defendants in murder cases. Not only did they report on research from the National Registry of Exonerations that black Americans are nearly 8x more likely to be wrongfully convicted of murder, but they noted that they are also likely to spend more years in prison than wrongfully convicted white people.

o   Hold a rally:

§  Earlier this year, a coalition of criminal justice reform advocates and nonprofits in New Mexico held a rally to call attention to the reality of mass incarceration and to propose common-sense alternatives to harsh prison sentences.

o   Initiate or participate in litigation:

§  The Innocence Project (AFJ Member) and other members of the Innocence Network, engage in litigation on behalf of wrongfully convicted persons who can be proven innocent with DNA and other types of evidence.

o   Fund Advocacy

§  Private and public foundations can support organizations advancing their charitable missions through general operating grants and/or specific project grants, ensuring flexibility and sustainability in pursuit of shared goals.

·      Lobbying

o   501(c)(3) public charities are also allowed to use unrestricted funds to engage in some lobbying activities.

o   Tax Code Lobbying 101: Public charities can lobby, but they are limited in how much lobbying they may engage in.

§  Insubstantial part test vs. 501(h) expenditure test.

§  Under either test, lobbying includes attempts to influence legislation at any level of government.

§  Track your local, state, and federal lobbying, and stay within your lobbying limits.

o   State/local level lobbyist registration and reporting requirements may also apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy (direct lobbying) could also implicate state / local campaign finance and election laws.

o   Lobbying win!

§  In March, DC Justice Lab, an AFJ member, and several other nonprofits lobbied in support of Maryland’s Second Look Act by submitting testimony to the Senate Judicial Proceedings Committee. This legislation would permit individuals convicted of certain crimes between the ages of 18 and 25, and have served over 20 years of their sentence, to petition the court to modify or reduce their sentence based on demonstrated rehabilitation. Since the committee’s hearing, the Maryland General Assembly has passedthe Second Look Act, which now awaits Governor Moore’s signature.

Resources –

·      Justice & Equity: The Advocacy Playbook for Criminal Legal Reform

·      Public Charities Can Lobby (Factsheet)

·      Practical Guidance: what your nonprofit needs to know about lobbying in your state

·      Investing in Change: A Funder’s Guide to Supporting Advocacy

·      What is Advocacy? 2.0

On this episode of the Rules of the Game podcast, the second installment of our eight-part series focusing on critical issues, we dive into the latest headlines shaping racial justice and immigrant rights. We’ll explore how nonprofits can play a pivotal role in advocating for change through legislative, executive, and judicial channels. From raising awareness to securing funding for advocacy efforts, nonprofits across the nation are stepping up in the fight to protect our rights. This episode not only highlights their impactful work but also provides crucial insights into the rules and regulations that govern nonprofit advocacy in the ongoing struggle for racial justice and immigrant rights.

Attorneys for this episode 

Monika Graham

Brittany Hacker

Quyen Tu

Current Events/EOs:  

·      Trump Administration Cuts Funding for Unaccompanied Immigrant Children, essentially terminating the UAC Program

o   UAC Program Responsibilities:

§  Ensuring that the interests of the child are considered in decisions related to care and custody

§  Ensuring, to the greatest extent practicable, that all unaccompanied alien children in custody have access to legal representation or counsel

§  Releasing UAC to qualified sponsors and family members who are determined to be capable of providing for the child’s physical and mental well-being

o   The Fallout:

§  Impacts the work of 100 plus legal service providers

§  RAICES 199+ employees laid off

§  Interfaith Ministries of Greater Houston 101 employee layoffs

§  Catholic Charities Tarrant County 169 employee layoffs

§  Catholic Charities Houston/Dallas 180 employee layoffs

§  Over 26, 000 children left without legal representation

§  Immigration court backlog includes about 3.5 million cases

·      Attacks on Diversity, Equity, and Inclusion

o   Trump’s order to investigate around 350 philanthropic organizations holding combined assets of $900B due to their DEI programs.

o    Funders’ responses: Some have remained steadfast in their commitment, while others have backed down.

o   Context to understand the broader tension:

·       A surge in commitment to racial equity following the murder of George Floyd by police in 2020.

·       SCOTUS ruling in June 2023: The Supreme Court deemed race-conscious admissions policies at Harvard and UNC unconstitutional in the Students for Fair Admissions case, effectively ending affirmative action in college admissions.

·       In response to SFFA, in August 2023, the American Alliance for Equal Rights sued Fearless Fund, alleging its grant program for Black female entrepreneurs was racially discriminatory. The 11th Circuit Court halted the program during litigation, and Fearless Fund settled in September 2024, ending the program. As a result, grants or contracts restricted to a specific race may now violate federal law.

o   Government and private sector DEI offices and programs have shut down.

o   Numerous lawsuits are pending, creating additional legal uncertainty.

o   Chilling effect already unfolding, with widespread chaos and uncertainty.

·      Executive Orders (10 in the first 7 days)

o   Ended humanitarian parole for immigrants from Cuba, Haiti, Venezuela, and Nicaragua, forcing those legally allowed into the U.S. to leave.

o   Attempt to end birthright citizenship.

o    Ramp-up of deportations, expanding the list of individuals prioritized for removal.

o   Paused the refugee resettlement program, capping it at the lowest level in 40 years.

o   Ongoing challenges: Many policies have been paused or are currently being contested in the courts.

o   Impact on individuals: Deportations of student visa holders detained by masked individuals, and the arrest of Legal Permanent Residents (LPRs) based on their involvement in Free Palestine movements.

o    Deportations to El Salvador without due process for immigrants alleged to be gang members—based solely on tattoos.

o   Wrongful deportation: A Maryland man was deported to El Salvador despite a court order prohibiting his deportation. Authorities claim it was an administrative error, with no legitimate reason for his arrest, detention, or removal. Even DOJ lawyers have expressed confusion about why the administration isn’t bringing him back, despite being ordered to return him by midnight tonight.

o   Shocking incompetence: The lack of diligence and understanding of the human impact of these policies is alarming.

Advocacy

·      Executive Order Advocacy:

o   501(c)(3) compliant, safe, nonpartisan, non-lobbying advocacy activity (keeping in mind that other federal, state, and local regulations may apply)

o   Track and communicate EOs, assist immigrant communities in understanding their implications, and help prepare through targeted social media campaigns

o   Develop a preparedness plan for potential ICE actions at your nonprofit, ensuring the safety and rights of those involved

·      Fund Advocacy:

o   General support grants provide funding that is not earmarked for a particular purpose and can be used at the discretion of the recipient organization to advance their mission and cover operating costs. 

o   Specific project grants: Private foundations must review the grantee’s project budget and may award up to the non-lobbying portion. Funds must be used exclusively for the designated project.

o   Note: Public foundations that have made the 501(h) election may follow the same general support and specific project grant rules that apply to private foundations, and these grants should not be considered a lobbying expenditure by the foundation, even if the recipient public charity spends the grant funds on lobbying

·      Public Awareness:

o   Amplify the voices of unaccompanied children through powerful storytelling campaigns that humanize their experiences and bring attention to their plight.

o   Conduct in-depth research on the impact of funding cuts, highlighting how these reductions are affecting the lives of vulnerable children, and share these findings publicly to increase awareness.

o   Actively engage with your community by hosting events, discussions, or social media campaigns that educate the public on current issues surrounding unaccompanied immigrant children and provide actionable ways they can advocate for meaningful change.

Lobbying 

·      Tax Code Lobbying 101: Public charities can engage in lobbying! Ensure you track and report all local, state, and federal lobbying activities while staying within legal limits.

·      Host a Lobbying Day: Organize a dedicated event, like AILA’s National Day of Action, to mobilize supporters and advocate for critical issues.

·      Engage in Ballot Measure Work: Actively participate in ballot measures to influence public policy decisions at the local or state level.

·      Remember:

o   State/local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy.

o   Ballot measure advocacy could implicate state/local campaign finance and election laws.

Resources

·      Race and Equity: The Advocacy Playbook for Racial Justice and Immigrant Rights 

·       The Impact of Government Funding Cuts on Unaccompanied Children and the Role of Nonprofits in Fighting Back

·      Public Charities Can Lobby

·      Practical Guidance: What Your Nonprofit Needs to Know About Lobbying in Your State

·      Investing in Change

On this episode of the Rules of the Game podcast (the first in an eight-part, issue-specific podcast series), we’ll discuss recent headlines impacting the LGBTQ+ community and explain how nonprofits can take action with legislative, executive branch, and judicial branch advocacy. From responding to executive orders to initiating litigation, nonprofits across the country are standing up to fight for our rights. This episode will highlight their work and provide information about the rules that apply when nonprofits engage in advocacy on behalf of the LGBTQ+ community.

Attorneys for this episode

Natalie Roetzel Ossenfort

Sarah Efthymiou

Brittany Hacker

Show notes

·      Current Events/EOs:

o   PFLAG Policy Matters Newsletter-federal and state-by-state legislative and litigation actions

o   One EO creates Narrow definition of sex as binary male or female and has multiple other impacts

§  Directs HHS secretary to end coverage for gender-affirming care through the Affordable Care Act

§  Plans to move trans women in federal custody to men’s prisons

o   Attempting to stop gender affirming care for people under 19

o   Banning transgender people from serving in the military

o   Administration terminated grants funded by the NIH focused on LGBTQ+ health issues. Planning to shut down the HIV prevention division of the CDC.

o   Attacks on DEI initiatives and other generally bad EOs: dismantling department of ed, eliminating funding for nonprofits

·      Advocacy

o   Non-partisan 101: cannot support or oppose candidates for office

o   Educating the public: stay updated on changes to law

§  Lead or attend trainings and conferences

§  March 31 is trans day of visibility

§  Orgs like HRC and PFLAG are doing a great job tracking and reporting on EOs and changes to laws

o   Executive branch advocacy:

§  EO advocacy is not lobbying under tax code definitions

§  Oppose executive cabinet actions: submitting comments to proposed regulation changes like the State Department gender markers. Advocates for Trans Equality and others made easy guides and platforms on how to do this.

o   Hold a rally: SCOTUS rally April 2 for case about access to Planned Parenthood services through Medicaid (Medina v. Planned Parenthood South Atlantic)

o   Litigation:

§  Almost all of Trump’s actions affecting the LGBTQ+ community are already being heard in the courts and are currently on hold

§  PFLAG v. Trump: challenging EO that withholds funds from medical providers that provide gender-affirming care for people under 19 (currently have a preliminary injunction)

§  Federal judge granted preliminary injunction halting the trans military ban: NCLR and GLAD lawsuit

§  Ohio state appellate court ruled the state’s gender-affirming care ban unconstitutional

·      Lobbying

o   Tax Code Lobbying 101: Public charities can lobby! Track and report your local, state, and federal lobbying and stay within your limits.  

o   Federal trans athlete ban: was brought up and failed to advance in the Senate—lobbying win!

o   Emphasize state-level work, local laws, ballot measures

§  Sanctuary cities for trans healthcare

§  Make protections for LGBTQ+ community greater than what the federal law requires

o   Remember:

§  State / local level lobbyist registration and reporting requirements may apply when engaging in legislative and executive branch advocacy.

§  Ballot measure advocacy could implicate state / local campaign finance and election laws.

Resources

·      Pride and Equity: The Advocacy Playbook for LGBTQ+ and HIV Communities

·      Public Charities Can Lobby (Factsheet)

·      Practical Guidance: what your nonprofit needs to know about lobbying in your state