West Virginia Attorney General McCuskey issues subpoenas on environmental groups

The West Virginia Attorney General’s Office subpoenaed at least six environmental groups, asking for records regarding climate change, in a move at least one advocated called a “fishing expedition intended to stifle our collective voice.” 

The subpoenas, sent out in September, asked for internal documents regarding public statements made about West Virginia coal mines, gas wells and other energy sources and their contributions to climate change. The attorney general is also asking for materials used to solicit donations and any dealings with alternative energy producers and advocates. 

The legal maneuvering is part of an investigation into “alleged unfair or deceptive acts or practices and other possible violations of the West Virginia Consumer Credit and Protection Act,” according to a copy of the subpoena. 

The rash of subpoenas came to light Thursday after the West Virginia Rivers Coalition and 350.Org, an organization that advocates for renewable energy, filed suit in federal court to block them. 

“The Attorney General’s demands here also retaliate against WV Rivers and 350.org for speech, association, and petitioning that the First Amendment protects, and they are unreasonable demands under the Fourth Amendment, issued in investigations that the Attorney General has no authority to conduct,” lawyers for the organizations argued in their motion filed in the United States District Court of Southern West Virginia. 

That law covers a wide range of business practices and empowers the attorney general to address unsavory practices like predatory lending, a contractor taking a deposit and never doing the work and bait-and-switch marketing. 

Attorney General JB McCuskey, a Republican, enjoyed support from the fossil fuel industry during his 2024 run for office. Since taking office, he has supported efforts to rollback federal greenhouse gas emissions rules, opposed the United State’s participation in international climate talks, and advocated for keeping gas pipelines open. 

McCuskey’s office did not reply to a request for comment. 

The federal lawsuit mentions, but does not name, at least four other organizations that had received subpoenas. 

Jennie Smith, the executive director of the West Virginia Rivers Coalition, said in a statement issued Thursday that the attorney general’s investigation has led to a chilling effect for her organization’s work in promoting clean waterways. 

“Under this sham investigation, we may not be able to protect the identities of anyone who has worked in coalition with us. With that truth in mind, we have slowed public rollout of projects and awards to protect smaller groups and individuals from being targeted,” Smith said. 

U.S. District Court Judge Joseph R. Goodwin has set a hearing for a temporary restraining order on Oct. 29 in Charleston at 1 p.m.