Climate Action

Please Treat the Information in the Digest as Confidential. Do Not Circulate Outside of the Lex Mundi Network.

If you are interested in a matter, please let us know as soon as possible by emailing Isis Bous and Allison Laubach through the “Ask About This Matter” button on the details page or directly (ibous@lexmundiprobono.org; alaubach@lexmundiprobono.org) and let us know which project(s) interests you. We will place matches with Lex Mundi member firms on a first-come, first-served basis.

You can view all matter summaries on the “Digest” page(s). To view matters by legal need, select the category of interest. See details of individual matters via the “Read More” link in a matter. To view all details of all available matters, choose “View All”.

View by Legal Need
Consultation (3) Contracts (1) Finance/Fundraising (1) Nonprofit Formation (2) Nonprofit Governance (3) Regulatory (1) Research (1) Tax Exempt/Nonprofit (5) Visa/Immigration (1)

Digest |  View All

Adventure Scientists

Consultation on Reinstating Nonprofit Status in CA

Summary:

Assist a nonprofit supporting scientists in conservation efforts by answering questions related to reinstating their nonprofit status with the California Franchise Tax Board (FTB).

Referred by:

Jurisdictions: CA
About the Organization: Adventure Scientists designs, builds, and executes projects that ensure partner scientists have access to the data they need to drive their research and develop the solutions that will save our planet.
Legal Entity Type: Nonprofit/Charity
SDG(s):Climate Action
Legal Issue(s):

Adventure Scientists is a nonprofit currently listed as ‘forfeited’ with the California Franchise Tax Board (FTB) due to an administrative oversight — a $38 fee was inadvertently omitted when submitting the CA 199 filing. This was filed on time, however the fee was missed due to the org not having made an account with the CA FTB Portal. They are seeking guidance on the best path forward.

The org was told to file (from the FTB) form 3500 to reinstate the org as a nonprofit in CA. The FTB has indicated that a review of their tax-exempt status reinstatement could take up to 10 months. They have five primary questions:

  1. Should they wait out the reinstatement review, and what are the legal and operational risks of remaining in ‘forfeited’ status during that period? They are currently active with the CA Office of the Attorney General.
  2. If they pay California taxes in the interim as a protective measure, could that be interpreted as an admission that they are not tax-exempt, and how would they pursue a refund upon reinstatement?
  3. Is there an expedited reinstatement process — such as filing a Certificate of Revivor — that might resolve this more quickly given that the forfeiture stems from a minor administrative error rather than a substantive compliance failure?
  4. Does this impact their ability to hire in CA and receive CA based donations? Are there any steps they can take to both hire and receive donations while they are waiting for reinstatement?
  5. Does this forfeiture affect their standing with the California Secretary of State and is there any risk to their federal 501(c)(3) status.

The Adventure Scientist team would also appreciate assistance with the reinstatement process (should legal assistance be necessary). However, this is a secondary request.

Ask About a Matter
,
Disaster Accountability Project

Organization Name Change

Summary:

Support a Maryland nonprofit improving equity in disaster relief by assisting with an organization name change.

Referred by:

Jurisdictions: Maryland
About the Organization: Disaster Accountability Project improves effectiveness, efficiency, and equity in disaster relief and humanitarian aid. Its SmartResponse platform is working to advance localization in humanitarian sector by curating localized “how to help” lists to help donors, and all stakeholders, more easily identify, engage, and directly support local NGOs and last-mile organizations around the world.
Legal Entity Type: Nonprofit/Charity
SDG(s):Clean Water and Sanitation, Climate Action, End Poverty, Good Health and Well Being, Partnerships to achieve the Goals, Peace, Justice, and Strong Institutions, Reduced Inequalities, Sustainable Cities and Communities, Zero Hunger
Legal Issue(s):

Disaster Accountability Project is a nonprofit incorporated in Maryland. Given feedback from donors, they plan to change their name from Disaster Accountability Project to SmartResponse. They would like to keep Disaster Accountability Project and DAP as a DBA. SmartResponse is the name of their lead program, and they already have it trademarked.

They are now seeking guidance from an attorney on what documents they must complete/steps they must take (both on the state and federal level) to make this name change. Ultimately, if possible, they would appreciate assistance implementing the name change itself. However, this is secondary request. The Founder/Executive Director is a Maryland attorney and can assist as needed.

Ask About a Matter
,
Sustainable Organic Integrated Livelihoods (SOIL)

Consultation on Transit Visa

Summary:

Assist a nonprofit working to solve the sanitation crisis in Haiti by providing a consultation on obtaining a transit visa (individual is Haitian, living in Indonesia, and returning to Haiti).

Referred by:

Jurisdictions: NA
About the Organization: SOIL is a non-profit research and development organization working in Haiti to design, test, and implement sustainable and equitable solutions to the sanitation crisis. Their mission is to ensure safe, dignified, and sustainable sanitation in urban Haiti, creating a model for urban sanitation which is replicable in Haiti and globally.
Legal Entity Type: Nonprofit/Charity
SDG(s):Clean Water and Sanitation, Climate Action, Decent Work and Economic Growth, End Poverty, Good Health and Well Being, Life Below Water (conservation and sustainability), Life on Land (sustainability of ecosystems), Peace, Justice, and Strong Institutions, Sustainable Cities and Communities, Zero Hunger
Legal Issue(s):

In October, SOIL hired an IT manager who is Haitian but living in Indonesia with his family. SOIL has been trying for 5 months to support him in getting back to Haiti with his family so that he can work from the office. However, they have hit up against transit visa hurdles at every step. They are seeking guidance from a business immigration expert who might be able to advise on best next steps. So far, he has experienced issues traveling through Spain and Cuba and hasn’t found another route.

Ask About a Matter
,
Land Use Atlas, Inc.

Research on Zoning Laws

Summary:

Assist a nonprofit democratizing information hidden within zoning codes by conducting research on zoning laws.

Referred by:

Jurisdictions: Idaho, Kentucky, Louisiana, Michigan, New Jersey (official maps only), Oklahoma, Oregon, Pennsylvania, Tennessee, Washington State, and Wisconsin.
About the Organization: Land Use Atlas is a nonprofit working to digitize, demystify, and democratize information currently hidden within zoning codes. Their flagship project, the National Zoning Atlas (NZA), is a multi-institutional research collaboration centralizing data about zoning – the most important power of American local government, and the little-understood force shaping our lives. Their online interactive map exposes how thousands of communities use zoning – long a tool for racial and economic segregation – to shape housing choices, health outcomes, transportation patterns, environmental degradation, and climate response, among other things.
Legal Entity Type: Nonprofit/Charity
SDG(s):Climate Action, Life on Land (sustainability of ecosystems), Reduced Inequalities, Sustainable Cities and Communities
Legal Issue(s):

The Land Use Atlas team is seeking volunteers to research/contribute information about whether jurisdictions have zoning. The volunteers will review jurisdictions’ websites and ordinances, contact jurisdictions when needed (including submitting public information requests), identify the existence of zoning codes, and extract zoning codes. The President of Land Use Atlas is an attorney and a professor at Cornell Law School. The Land Use Atlas team will provide detailed written instructions and guidance. They are also available to facilitate webinar trainings for groups of volunteers.

 

Ask About a Matter
,