Attorney General JB McCuskey filed a response to a lawsuit filed by the two environmental groups to which he issued subpoenas last month. He argues that he’s protecting West Virginians from lies about climate science.
West Virginia Rivers Coalition and 350.org filed a lawsuit against McCuskey after his office subpoenaed them for 10 years of documents. The groups argue that the subpoenas were an attempt to silence them and strip their First and Fourth amendment rights.
McCuskey said the groups have been misleading their supporters with inaccurate climate claims.
“The First Amendment is not a license to lie,” he said in his response.
McCuskey used the West Virginia Consumer Credit and Protection Act as the legal basis for the subpoenas. But the environmental groups argued the demand wasn’t legitimate as they were not selling goods.
In his response, McCuskey said the act allows the attorney general to investigate false or misleading speech.
Because West Virginia’s economy is so dependent on coal and natural gas energy production, McCuskey said that these groups are impacting commerce by vilifying industries and discouraging production and purchase.
According to McCuskey’s response, he is investigating whether the groups have continued to rely on a now-retired worst-case climate scenario, which has been cited by many environmental groups and researchers over the years.
Throughout his time as attorney general, McCuskey has prioritized protecting the fossil fuel industry.
He said environmental groups can’t prove their claim that he acted maliciously just by citing his social media posts and public statements.
The original subpoenas requested the identities of organizations donating to the groups.
McCuskey withdrew that request after lawyers for the organizations claimed that requesting identifying information was infringing on their donor’s constitutional rights.
Maggie Stange, West Virginia Rivers Coalition communications manager, said the group is unable to comment further on active litigation.
The attorney general’s office also declined to comment on active litigation.
