Advocacy for Environmental Justice
Rules of the Game: The Bolder Advocacy Podcast
Release Date: 05/14/2025
Forming a 501(c)(4)
Rules of the Game: The Bolder Advocacy Podcast
This week we are talking about 501(c)(4)s, or social welfare organizations. What are the advantages to starting one? How are they different than 501(c)(3)s and other types of nonprofits? And what are the important considerations when determining if a 501(c)(4) would be a good vehicle to use to conduct the types of activities you are hoping to engage in to achieve your mission? If you are curious about 501(c)(4)s, what they can do, and how they operate... this podcast episode is for you. Attorneys for this Episode Natalie Ossenfort Susan Finkle Sourlis Quyen Tu Shownotes Scenario: ...
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What Nonprofits Need to Know About Nominations
Rules of the Game: The Bolder Advocacy Podcast
After the Supreme Court wrapped up its latest term, we thought it would be a good idea to revisit the unique opportunities 501(c)(3) public charities have to advocate in favor of or against specific nominations made by the Executive Branch that require confirmation from a legislative body. On this episode, we explore the nomination process for key positions and give you some best practices on how to ensure your organization can effectively (and legally) advocate for specific nominees. Shownotes: · Nomination advocacy often qualifies as lobbying (Internal...
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State of Advocacy: Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
On today’s episode, we are breaking down the 2026 state legislative season and how the landscape affecting nonprofit advocacy is shifting across the country. We are recording this in mid-June, and while most states have wrapped up for the year, not all have, so you are going to want to look at your state to get a sense of what’s enacted, what’s moving, and what’s dead. What we’re seeing this year is not just incremental change, but a rapid expansion of state-level regulation over campaign finance, ballot measures, voter access, and increasingly, what we are calling foreign influence...
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How Philanthropy is Meeting the Moment
Rules of the Game: The Bolder Advocacy Podcast
This week, we are diving into the world of philanthropy. We are thrilled to be joined by Matthew L. Evans from the United Philanthropy Forum who will help us understand how philanthropy is evolving to meet this moment and what challenges and opportunities we are seeing for funders and philanthropy infrastructure organizations. Guests for this episode Brittany Hacker Leonard Tim Mooney Matthew L. Evans Shownotes Matthew L. Evans is the United Philanthropy Forum’s VP of Advocacy and External Relations....
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Individual Activity in Election Season
Rules of the Game: The Bolder Advocacy Podcast
Employees and volunteers of public charities often participate in the political and democratic process in ways that connect to their organization’s mission. While a 501(c)(3) cannot engage in partisan activity, individuals don’t give up their First Amendment rights when they are staff, board members, or volunteers of a public charity. In our last episode, we talked about candidate appearances at charitable events. But what if the call is coming from inside the house? In this episode, we’ll share some practical tips and best practices to help you engage in electoral work as an individual...
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Commenting on Candidates
Rules of the Game: The Bolder Advocacy Podcast
When nonprofits speak out on issues in the public square, the line between education and electioneering can get blurry – especially during election season. On this episode of Rules of the Game, we break down what the law allows when organizations comment on statements made by candidates and campaigns, and how those rules shift when addressing the actions of incumbents who may also be on the ballot. From issue advocacy to the risk of impermissible political intervention, we walk through practical scenarios and key guardrails to help your nonprofit stay compliant while engaging in advocacy to...
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Candidate Appearances
Rules of the Game: The Bolder Advocacy Podcast
Primaries are taking place or may have already occurred where you are. More elections will take place from now until November so we thought it’s a good time to talk about candidate appearances. We’ll explain how (c)(3)s can stay nonpartisan while helping to educate voters and candidates by hosting candidates. (c)(4)s, you can of course do everything (c)(3)s can do and much more! Attorneys for this episode Quyen Tu Victor Rivera Brittany Hacker Leonard Shownotes Why is this important? C3s are a trusted source of...
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Ballot Measure Advocacy
Rules of the Game: The Bolder Advocacy Podcast
With direct democracy becoming more important than ever in this political climate, we thought it was a good time to revisit ballot measures. From local park bonds to important state constitutional amendments, ballot measures have become important tools for policymaking, and nonprofits often play a huge role in supporting and opposing them. On this episode we do a deep dive on the details and how you can get involved. Attorneys for this episode Susan Finkle Sourlis Tim Mooney Natalie Ossenfort Shownotes What Are Ballot Measures, and Why...
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Ask Us Anything
Rules of the Game: The Bolder Advocacy Podcast
On this episode of Rules of the Game, we dive into some of the most common – and pressing – questions we hear on our free nonprofit advocacy technical assistance hotline. From whether foundation funding can support voter registration efforts, to what nonprofits should know when attending rallies and advocating around local law enforcement cooperation with ICE, we break down the rules and offer practical guidance you can use to enhance your organization’s advocacy and community participation in elections and other public policy activities. We’ll discuss real world...
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Legislative Update
Rules of the Game: The Bolder Advocacy Podcast
Legislative season is underway, and we’re seeing a wave of proposals that could significantly reshape the operating environment for nonprofits and advocacy organizations. We’re tracking over 1,000 bills across the country, and while some of them do positive things, like make improvements to our electoral system or increase voter turnout, unfortunately, most of these measures are taking aim at impactful nonprofit advocacy. These proposals collectively reflect an erosion of the civic space in the nonprofit ecosystem. We’re here to break down some of the key trends and help you stay...
info_outlineIn 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