West Virginia's attorney general subpoenas environmental nonprofits over climate statements, and two sue to stop him
Attorney General JB McCuskey is demanding ten years of records, including fundraising and payments to partner groups, under the state's consumer protection law. The West Virginia Rivers Coalition and the climate group 350 went to federal court on Oct. 22; the Sierra Club's subpoena was withdrawn.
Charleston. West Virginia Attorney General JB McCuskey has sent investigatory subpoenas to several of the state's environmental groups, demanding a decade of internal records on their climate advocacy and their fundraising, The Associated Press reported on Oct. 22. The subpoenas cite "alleged unfair or deceptive acts" and possible violations of the West Virginia Consumer Credit and Protection Act, the state's consumer protection law, but give few details of any deception, according to the AP.
The same day, the West Virginia Rivers Coalition and the climate group 350 filed a federal lawsuit against Mr. McCuskey, in his official capacity, in the U.S. District Court for the Southern District of West Virginia. A third group, the Sierra Club, was preparing its own suit when the attorney general's office withdrew its subpoena, a Sierra Club spokesman told the AP. Mr. McCuskey's office did not answer the AP's requests for comment.
What the subpoenas ask for
According to the coalition, its subpoena was served on Sept. 21. It questions whether the group's statements about fossil fuels, climate change, weather, public health and economic harm were unfair or deceptive, and it asks for ten years of publications, emails and other internal documents, along with details of payments the coalition made to people and groups, which could include its small grantees and community partners. The AP reported that the subpoenas also seek records of the groups' fundraising appeals.
The lawsuit, brought under the federal civil rights statute, argues that the subpoenas violate the groups' First and Fourth Amendment rights and retaliate against their speech. The coalition has asked the court for a temporary restraining order to stop enforcement, and Mountain State Spotlight reported that the groups want the investigation ended before the subpoenas come due on Nov. 2. Appalachian Mountain Advocates represents them.
“This investigatory subpoena from our state's Attorney General is nothing more than a fishing expedition intended to stifle our collective voice in our advocacy for clean water, protected public lands, and healthy communities.”
What it means for the groups
Ms. Smith said the coalition may not be able to protect the identities of the staff, contractors, partners and funders it has worked with, and that it has slowed the public rollout of projects and awards to keep smaller groups and individuals from being targeted.
The investigation follows similar moves by Republican officials elsewhere, the AP noted. In April, Florida Attorney General James Uthmeier subpoenaed the Environmental Law Institute under that state's deceptive trade practices law.
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