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91st Congress 2d Session

COMMITTEE PRINT

LAW AND THE ENVIRONMENT

SELECTED MATERIALS ON

TAX EXEMPT STATUS AND PUBLIC INTEREST
LITIGATION

PREPARED FOR THE

COMMITTEE ON INTERIOR AND
INSULAR AFFAIRS

UNITED STATES SENATE

Printed for the use of the Committee on Interior and Insular Affairs

52-093

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1970

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HENRY M. JACKSON, Washington, Chairman

CLINTON P. ANDERSON, New Mexico

ALAN BIBLE, Nevada
FRANK CHURCH, Idaho
FRANK E. MOSS, Utah

QUENTIN N. BURDICK, North Dakota
GEORGE MCGOVERN, South Dakota
GAYLORD NELSON, Wisconsin
LEE METCALF, Montana
MIKE GRAVEL, Alaska

GORDON ALLOTT, Colorado
LEN B. JORDAN, Idaho
PAUL J. FANNIN, Arizona

CLIFFORD P. HANSEN, Wyoming
MARK O. HATFIELD, Oregon
TED STEVENS, Alaska

HENRY BELLMON, Oklahoma

JERRY T. VERKLER, Staff Director
STEWART FRENCH, Chief Counsel
WILLIAM J. VAN NESS, Special Counsel
CHARLES COOK, Minority Counsel

(II)

1

FOREWORD

Private litigation is beginning to be an important element of the national effort to preserve and enhance the quality of our environment. Increasingly, concerned Americans are turning to the courts to en-. force existing laws and develop case law establishing new environmental rights.

The Committee on Interior and Insular Affairs has followed the growth of litigation in this area with close interest, particularly because of its responsibility for the development of the National Environmental Policy Act. In the brief period since it became law, this act has provided the basis for a number of legal actions aimed at requiring Federal agencies to live up to their environmental responsibilities.

Many of the organizations involved in environmental litigation have received tax-exempt status as charitable organizations under section 501(c)(3) of the Internal Revenue Code. The action by the Internal Revenue Service in suspending rulings on claims for such status by organizations involved in litigation has created understandable uncertainty about the future of this kind of litigation. It has stimulated controversy over the use of the tax-exempt status and the role of public interest litigation in general. An IRS study of these matters is now in progress.

The committee staff has compiled a number of relevant documents which help to explain the role of private litigation in protecting the environment, the issues raised by IRS and comments thereon by the organizations directly affected and other interested parties. It is hoped that publication of these materials will clarify the issues involved in the current controversy over public interest litigation. HENRY M. JACKSON, Chairman.

NOVEMBER 9, 1970.

(III)

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