The
Rose Foundation has developed a specialized program to receive
restitution payments from litigation settlements and administer
grants in conformance with the nexus of the settlement.
The Rose Foundation has received cy pres and restitution funds
from over 100 Clean Water Act, Clean Air Act, Prop. 65 and consumer
privacy cases, disbursing hundreds of grants to community-based
organizations throughout California and the U.S.
Neutral 3rd Party
The Rose Foundation's neutral stewardship over restitution funds
has been well-accepted by plaintiffs, defendants, the courts
and the U.S. Department of Justice. Since Rose is not aligned
with either side of the original dispute, designating the Foundation
as a receiver may aid settlement momentum by removing the hurdle
of negotiating advance agreement on individual projects or organizations.
Instead, the parties are free to focus on, and reach agreement
regarding, the terms which will govern the eventual grants.
Even in cases where a settlement directs the Foundation towards
support of designated projects, we have found that the Foundation's
centralized administration, accountability to the terms of the
settlement, and ability to act as a buffer between grant recipients
and the ultimate funding source can add considerable value to
the process.
Full Compliance
The Rose Foundation assumes all administrative and legal responsibility
for meeting settlement terms related to the restitution fund.
When applicable, the Foundation conforms with established guidelines
such as EPA's Supplemental Environmental Project Guidelines,
and also provides annual reports to the U.S. Justice Department
describing the projects supported.
For
info on the Consumer Privacy Rights Fund
For
info on the Kern County Air Pollution Mitigation
Fund
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Strategically
Reinvesting Settlements into Communities
Over
the last four years, grant cycles enabled by restitution funds have
included:
- Linking
a series of grants to support national efforts to reduce releases
of stratospheric ozone depleters. Projects included national
public education projects coordinated from Boston, innovative
efforts centered in Seattle to reduce emissions through changing
tax structures, shareholder activism centered in New York City,
and pesticide reduction in California.
- Involving
ranchers, municipal government, educational institutions and
non-profit organizations in partnership projects to protect
sensitive watersheds and design economically beneficial solutions
to pollution.
- Awarding
almost $500,000 to hands-on restoration, technical research,
educational and advocacy projects to protect San Francisco Bay
and Delta.
- Awarding
over $500,000 to fund citizen advocacy, technical support and
environmental justice projects related to air quality
primarily in Southern California.
- Creating
the San Francisco Bay Trust, dedicated to the protection of
the Bay/Delta watershed, with a $900,000 restitution award from
Exxon.
- Linking
grassroots citizen organ-izations throughout California with
Sacramento-based technical and policy specialists to encourage
vigorous enforcement of state regulations ensuring proper disposal
of toxic waste and stop proposed rollbacks of state hazardous
waste laws.
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