Attorney General JB McCuskey said his office is working with two environmental groups to resolve a lawsuit over a sweeping demand for a decade of documents. The resolution would result in his office withdrawing its subpoena of the West Virginia Rivers Coalition and 350.org, McCuskey’s office said in a recent court filing.
McCuskey consented to extend a temporary restraining order allowing the groups to hold off on handing over the documents while they discuss how to resolve the issue.
U.S. District Judge Joseph R. Goodwin canceled the preliminary hearing and previous briefing deadlines.
Both parties met last week to discuss a way to resolve the issue, which would result in McCuskey withdrawing the subpoena. McCuskey was to provide the West Virginia Rivers Coalition with a proposal yesterday.
McCuskey demanded information from multiple environmentalist groups back in September, citing the West Virginia Consumer Credit and Protection Act to investigate them for false climate claims. West Virginia Rivers Coalition received a subpoena, as did 350.org and the Natural Resources Defense Council.
Sierra Club also said it received a subpoena and had planned to file a lawsuit against McCuskey until the Attorney General’s office withdrew its demand for documents.
The West Virginia Rivers Coalition filed a lawsuit against McCuskey in October, saying his demands threatened their First Amendment rights. McCuskey has since removed his request for any identifying information about their donors, but has still demanded 10 years of published documents.
Both parties are attempting to resolve the case without a hearing, according to McCuskey’s filed consent to extend the order.
The extended restraining order will expire Dec. 17.
McCuskey and West Virginia Rivers Coalition must file a status update together by Nov. 16 to tell the judge how negotiations are going and if they believe a new hearing date is necessary. If they decide they still need a hearing, then they must provide that schedule in the update.
