AllegedOverreach

Federal Judge Temporarily Blocks West Virginia Attorney General's Subpoenas to Two Environmental Nonprofits

A federal judge granted a temporary restraining order barring West Virginia Attorney General J.B. McCuskey from enforcing subpoenas to two environmental groups, finding they likely violate the First Amendment right of association.

According to Reason's Volokh Conspiracy, which excerpted the opinion, U.S. District Judge Joseph Goodwin (S.D. W. Va.) granted a 14-day temporary restraining order in West Virginia Rivers Coalition v. McCuskey. The subpoenas, issued under the West Virginia Consumer Credit and Protection Act, sought about ten years of records from the West Virginia Rivers Coalition and 350.org, including internal drafts, board affiliations, coalition partners and agency submissions. The attorney general's theory, as described by the court, is that the groups' advocacy relying on a climate model known as RCP8.5 could be a deceptive practice. Goodwin found the plaintiffs likely to succeed on their freedom-of-association claim and called the demands overbroad. He reserved judgment on a retaliation claim pending a hearing. McCuskey withdrew donor-identity demands but, per the court, acknowledged there may be no violation. The notes report no other response.

Why it matters

The ruling addresses whether a state attorney general may use consumer-protection investigative powers to compel advocacy groups to disclose internal records and associations. The order is temporary, and the court has not yet decided the retaliation claim.

First AmendmentSubpoenasRetaliationAttorney General

These are unproven claims, and everyone named is presumed innocent unless proven guilty. Researched with AI assistance from the sources listed here and reviewed under our methodology.