Attorney General J.B. McCuskey’s office sent an investigatory subpoena to a longstanding environmental organization West Virginia Rivers Coalition for a decade of records on climate claims, internal deliberations, fundraising and partnerships.
The Attorney General demanded the materials related to what the subpoena calls “Climate Claims” in relatively short order, by Nov. 2.
The West Virginia Rivers Coalition is a statewide 501(c)(3) non-profit environmental advocacy organization with a mission of conserving and restoring West Virginia’s rivers and streams while ensuring clean, safe drinking water for residents. The organization was founded in 1990 by whitewater enthusiasts and paddlers.
The organization treats climate advocacy as a fundamental extension of its mission to protect water quality, public lands and local communities.
West Virginia Rivers responded to the subpoena with a federal lawsuit and requested a temporary restraining order, arguing that the investigation is a retaliatory effort designed to suppress protected speech.
The lawsuit was assigned to U.S. District Judge Joseph Goodwin, who directed the Attorney General to respond no later than 3 p.m. Monday.
Goodwin scheduled an emergency hearing for 1 p.m. Thursday to address the injunction ahead of the document production deadline set by the investigatory subpoena.
The subpoena drew headlines across the nation. The Washington Post headline was, “West Virginia investigates climate, environmental groups over alleged ‘deceptive’ acts.” Bloomberg Law wrote, “Green Groups Sue Over West Virginia AG’s Investigative Subpoenas.”
Asked for an explanation of the subpoenas, the Attorney General’s office responded, “We can’t comment on investigations.”
The subpoena issued to the West Virginia Rivers Coalition in September says it is part of an inquiry into potential consumer protection violations under the West Virginia Consumer Credit and Protection Act, one of the broadest and most protective state consumer protection laws in the United States.
The subpoena alleges West Virginia Rivers engaged in “unfair” or “deceptive” practices through claims that fossil fuels cause climate change, severe weather, health issues and economic damage.
The inquiry treats the group’s public climate advocacy and scientific claims as potential commercial fraud or misrepresentation.
The subpoena demands records from Jan. 1, 2017, to now, covering nearly ten years.
The ask is for all documents and statements published by the coalition naming West Virginia energy businesses or making “Climate Claims,” statements asserting connections between fossil fuel emissions and climate change, weather events or economic and health harms.
The subpoena also calls for all donation requests sent to West Virginia recipients containing climate claims, targeting criteria and records of total funds solicited and received.
And it demands records of internal discussions, objections, or communications with attribution organizations regarding model reliability, confidence intervals or uncertainties behind published claims.
The subpoena also demands strategy memos, campaign plans and communications coordinating PR or advocacy with third parties, as well as financial, contractual or governance relationships with renewable energy companies, developers, or trade associations.
Lawyers representing West Virginia Rivers contend that the investigation and subpoenas are baseless and retaliatory, violating their constitutional rights to free speech, free association, petitioning and fundraising with the intent to chill environmental advocacy.
“I want to be very clear,” said Jennie Smith, executive director for WV Rivers in a press release about the conflict.
“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.”