By Taylor Kuykendall

WildEarth Guardians, a group that has proven a tenacious opponent to coal development in the western United States, is growing with no intention of slowing down.

On July 21, the organization announced the availability of its 2013 annual report detailing its progressive growth. Over the past 25 years, WildEarth has expanded its mission from an initial focus on one timber sale in New Mexico to its current focus on wolves, endangered species, protecting rivers and addressing climate change.

The group's focus on the "climate crisis" has landed "killing coal" among its top priorities.

"Saving the climate means powering past coal," WildEarth's 2013 report states. "It's a bold vision. It's Guardians' vision."

The organization has proven it can be highly successful in securing key court and regulatory victories over the industry. In a recent legal victory that WildEarth hopes will be precedent-setting, a federal judge blocked Arch Coal Inc.'s efforts to conduct coal mine exploration activities because regulators failed to consider climate change impacts. The organization has also laid down several other roadblocks for coal-related projects in the West that have made it more difficult to mine on federal lands.

"It's not that we win all the time — we've suffered a fair amount of losses over the years, but where we win, it's a big deal," said Jeremy Nichols, WildEarth's climate and energy director. "Our ideas, put into action in the courts, can yield big rewards at the end of the day."

A public inspection copy of WildEarth's latest Form 990, which is submitted to the IRS and discloses the group's financial information, shows the organization raked in public support of $2.7 million in 2013, up 46% from $1.8 million in 2012. The tax report, a copy of which was provided to SNL Energy, shows that multiple donors each contributed $70,000 or more in 2013 and one donor contributed $443,948. In addition to having its own staff attorneys, the group occasionally partners with public interest law groups and also works with lawyers who commit to the causes of the organization on a pro bono basis.

The group's total income in 2013, according to the annual report, was $3.2 million, which included growth from mergers with Wildlands CPR and Utah Environmental Congress.

WildEarth is battling coal on several fronts: preventing new coal plants, spurring retirement of existing coal plants, pushing enforcement of the Clean Air Act and challenging federal coal leasing. Among the accomplishments highlighted in its annual report, WildEarth touts its efforts on coal leasing in the Powder River Basin and success in partially or completely shutting down three coal-fired power plants in Colorado and New Mexico.

"Our coal-fired power plant work is largely about creating new financial and legal liabilities under the Clean Water Act to force utilities to shutter or clean up coal-fired units," WildEarth Executive Director John Horning said. "Our current efforts target a handful of facilities around the West."

Coal producers will likely see the organization become an even bigger obstacle to coal production in the western U.S., which unlike Eastern U.S. coal, is largely mined on federal lands.

“… It's no secret that we're trying to secure a federal moratorium on coal leasing …”

 John Horning, executive director, WildEarth Guardians

Horning told SNL Energy that with a lot of hard work, the organization has "delivered on some big wins," which has inspired confidence and belief in the organization that is being leveraged into greater financial support. The group is expecting more growth, he said, both this year and in the foreseeable future.

"We intend to be a $5 million organization with another 10 staff in two to three years," Horning said. "We intend for that growth to be diversified from donors, events, foundations, members and fees that result from successful litigation. A chunk of that growth will serve new staff in our climate and energy program."

Horning said that issues of biodiversity and the climate are two of the biggest opportunities and challenges that will be addressed as a result of the organization's increased capacity. WildEarth has hired lawyers, staff scientists and organizers as it prepares to expand work on those campaigns.

"In the last month, we've hired a new staff member for our climate and energy program, and he will be working exclusively on reining in fracking on public lands," Horning said. "The new staff attorney we've hired will be working on new legal challenges to the federal coal leasing program throughout the west. We also hired another staffer who works exclusively on sage grouse issues, which have a significant impact on fossil fuel extraction."

Horning said WildEarth's legal advocacy, congressional engagement and organizing work has shined a spotlight on the federal coal leasing program, turning it into a national issue. Coal companies have cited a weakened market for coal and an uncertain regulatory and political climate as reasons behind a sharp decline in new coal lease bids. Several bids have recently been rejected by federal agencies for being too low.

"In our coal mining work, it's no secret that we're trying to secure a federal moratorium on coal leasing and then getting the Interior Department to conduct a wholesale rethinking of the federal coal leasing program," Horning told SNL Energy. "Our coal-fired power plant work is largely about creating new financial and legal liabilities under the Clean Water Act to force utilities to shutter or clean up coal-fired units."

Nichols said WildEarth seeks to be the "watchdog on coal issues in the West," bringing years of experience in dealing with federal lands and mineral management issues to the table. He said the organization has been particularly successful in nationalizing "backyard issues" and making them a part of the national and global conversation.

"We've been able to take all the experience we've learned over the years on how to engage federal agencies and ensure that they're meeting our environmental laws and apply that to coal advocacy," Nichols said. "We're actually one of the few groups that have the chops to be able to do that effectively. … We're really the ones leading the charge when it comes to confronting coal mining approved by the Interior Department and the Bureau of Land Management. That's just part and parcel with our history."

Nichols attributed some of WildEarth's success to being "tenacious" and successful at spotting issues where it can influence the outcome of energy issues. The group aims for a "full transition" away from coal and Nichols said the group is frustrated with the federal government for not supporting a transition away from fossil fuels.

"There's got to be a transition plan," Nichols said. "There's got to be some way to say that as we move away from coal, these communities are going to be taken care of."

Nichols said that "we're still struggling with the answers" on what a transition would look like and on the timelines that such a transition can be accomplished. Other environmental groups, such as the Sierra Club, have also announced intentions to not just clean up coal, but to move away from it altogether. The Sierra Club has even deeper pockets than WildEarth, spending roughly $27 million to fight coal in 2012.

Horning said WildEarth also intends to continue to highlight the climate impacts of conventional oil and gas development. With 60,000 wells across five western states proposed for development, Horning said, WildEarth intends to not only prevent them from being started, but also to educate the American public on climate impacts of gas development.

"While our focus on protecting imperiled species is primarily the domain of our wildlife program our work to protect the greater sage grouse is an area of overlap between both programs," Horning said. "We're interested in securing protection for the greater sage grouse in a way that brings about fundamental reforms to the federal oil and gas leasing program."