Charleston AG's climate probe sparks federal suit by local river groups

West Virginia Rivers Coalition and 350.org filed a federal lawsuit on Thursday against Attorney General JB McCuskey. The groups are challenging subpoenas issued in September that demand a decade of internal records. They argue the state is using legal tools to pressure environmental advocates and protect fossil fuel interests.

The complaint alleges the subpoenas aim to silence organizations that McCuskey opposes politically. The groups claim the investigation is designed to harass them and retaliate against their advocacy work. They asked the court to end the investigations before the November 2 deadline for producing the documents.

Jennie Smith, executive director of West Virginia Rivers, described the subpoena as a fishing expedition. She said the action is intended to stifle the group's voice in advocating for clean water and protected public lands. Smith told the court that at least five other nonprofits likely face similar subpoenas from the state.

The attorney general's office is investigating alleged deceptive practices by the organizations. The investigation also looks at possible violations of the West Virginia Consumer Credit and Protection Act. The groups stated they sell very little merchandise in West Virginia and have never engaged in deceptive practices.

McCuskey's office said it could not comment on the ongoing investigation, according to Aimee Cantrell, the deputy communications director. The legal team for the groups, Appalachian Mountain Advocates, argued that the subpoena did not identify any specific deceptive practices.

This legal challenge follows a pattern of McCuskey using his office to defend extraction industries. Last year, shortly after taking office, he successfully removed a climate science chapter from a reference manual used by federal courts. That section had been cited in more than 1,700 legal opinions.

In October 2025, McCuskey signed a letter to federal energy and environmental agencies. The letter urged officials to oppose anti-coal groups, citing high utility prices. He argued that increased use of coal, natural gas, and oil would solve reliability and affordability issues, but environmental groups were blocking that solution.

In February 2025, McCuskey filed a lawsuit over New York's Climate Superfund Act. He claimed the law aimed to impose billions in fines on energy-producing states like West Virginia. A federal court in New York struck the act down in August, declaring it unenforceable.

The attorney general has also filed other lawsuits prioritizing industry over public health. In August, he alleged that EPA air quality rules from the Biden administration harmed manufacturers without improving health outcomes. In December, 22 states sued the EPA over the cancellation of a solar power program for low-income households. West Virginia did not join that suit, despite receiving $106 million from the program.

The subpoena requests documents including press releases and internal emails. McCuskey also wants to know the identities of the organizations' donors. Smith said staff have faced threats and do not want donors to face the same. She said fulfilling the subpoena would financially burden the groups and harm them if not stopped, stating it would drown them.