http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/06/21/M

N187865.DTL




Attack on tax status of environment group
Conservatives ask IRS for new ruling

Glen Martin, Chronicle Environment Writer   Thursday, June 21, 2001

In a move that could hobble environmental protests, a conservative lobbying
organization has petitioned the Internal Revenue Service to rescind nonprofit
status for a San Francisco environmental group.

Environmentalists say a positive ruling by the IRS would have a chilling
effect on nonprofit organizations that sometimes engage in lobbying or
protests.

The unusual action by the Frontiers of Freedom Institute in Arlington, Va.,
against Rainforest Action Network (RAN) could represent a new strategy by
conservative groups alarmed by recent large-scale protests against world
trade and multinational corporations.

Rainforest Action Network specializes in public campaigns against companies
the group believes are involved in the destructive logging of old-growth
forests or selling products from such forests.

The Frontiers of Freedom Institute has requested that the IRS revoke the
501(c)(3) status of Rainforest Action. Such status means that an organization
is tax-exempt and that all contributions made to it are tax deductible.

"They basically contend that because some members of Rainforest Action have
participated in misdemeanor trespass (during protests), they are engaged in
criminal behavior, and that (RAN) therefore deserves to be stripped of
nonprofit status," said Michael Shellenberger, a spokesman for the
environmental group.

The IRS can revoke 501(c)(3) status if it determines an organization spends
too much money on lobbying -- generally, more than 20 percent of revenues --
or if members engage in criminal activity.

"It's a canard," Shellenberger said of the institute's contentions. "The kind
of activity that would require revocation of 501(c)(3) is felonious activity
-- embezzlement and the like."

Jason Wright, a spokesman for the institute, confirmed that his organization
had made the request to the IRS but declined to comment further to The
Chronicle, saying the story had been promised exclusively to another
publication.

In March, the Frontiers of Freedom Institute issued a press release
condemning Rainforest Action Network for protests held at the headquarters of
Boise Cascade, a forest products company based in Boise, Idaho.

George Landrith, the institute's executive director, called Rainforest Action
Network "fundamentally radical, anti-capitalist and lawless."

"American companies are the most responsible forest resource developers in
the world," Landrith said. "In contrast, RAN's approach to forest resource
development would cost thousands of jobs, reduce choices for consumers and
achieve little environmental good."

Boise Cascade has been a primary target of Rainforest Action because of its
logging activities in old-growth coniferous forests in British Columbia.

Boise Cascade spokeswoman Susan Walton said her company was not affiliated
with Frontiers of Freedom.

"But we are certainly aware that some organizations are beginning to question
the status of groups like RAN as charitable institutions due to their lawless
activities," Walton said. "We have found (RAN) to be a group of reckless,
lawless and radical activists."

Walton said three RAN members had been arrested in Boise in April for
rappeling off a building during protests against the company.

"And three others were arrested in October of last year when they illegally
entered our building," she said. "We're just thankful no one was hurt."

Walton said Boise Cascade had met several times with RAN staff members to
discuss logging issues and would do so again, "but the first item on the
agenda will have to be a correction of the mistruths they have spread on this
company."

Shellenberger said Rainforest Action would survive no matter what the IRS
decided. "(Frontiers of Freedom) is trying to scare our supporters, but they
won't be scared," he said. "Ultimately, this will help us raise money."

But other environmental leaders deplore the development. "It's outrageous,"
said Carl Pope, director of the Sierra Club. "By the standard Frontiers of
Freedom is trying to apply, the NAACP and other civil rights groups would
have lost their tax exemptions because members participated in protests.

"I think this could have a very chilling effect on many organizations. If it
goes through, we'll have very strong evidence that the Bush administration
has politicized the IRS."



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