West Virginia Attorney General Subpoenas Environmental Advocacy Groups

Republican Attorney General JB McCuskey has opened a broad probe into several West Virginia environmental organizations, issuing subpoenas that request up to a decade of internal records on fundraising, public statements about climate and energy, and ties to renewable-energy companies. The demand is framed as an investigation of “alleged unfair or deceptive acts” under the state’s Consumer Credit and Protection Act. McCuskey has previously led a successful 22-state challenge to New York’s climate “super-fund” law and has praised the Trump administration’s revocation of an Obama-era greenhouse-gas finding. Similar subpoenas have been issued by Republican attorneys general in other states, including Florida’s James Uthmeier.

Seattle TimesThe Hill

McCuskey’s office has not responded to multiple requests for comment on the current subpoenas. Anne Jellema, executive director of 350.org, said the groups “have done nothing wrong” and that the subpoenas “serve no legitimate investigative purpose” and appear designed to intimidate public-good work.

The Hill

The Sierra Club’s executive director Loren Blackford described the probe as “unprecedented” and noted that the agency withdrew its sweeping subpoena after the club warned it would file a federal lawsuit. Legal scholar David Cole, a Georgetown Law professor and First Amendment expert, labeled the investigation “frivolous” and warned that prosecuting nonprofit groups for their political views would chill protected expression.

The Hill

• “While we are glad to see the West Virginia attorney general withdraw his sweeping subpoena after we informed him of our plans to file a federal lawsuit, his threats to silence and intimidate us and other groups remain,” — Loren Blackford, executive director of the Sierra Club

The Hill

• “If government officials can start prosecuting nonprofit groups because they disagree with the political view they take on a matter of public concern, that would chill a tremendous amount of protected political expression,” — David Cole, the judge

Seattle Times