Drop the Subpoenas Targeting West Virginia Clean Water Groups and Their Donors

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The Issue

West Virginia Attorney General JB McCuskey is demanding ten years of records from two environmental groups, the West Virginia Rivers Coalition and 350.org. His subpoenas cover everything from press releases to private emails between staff. They also ask for the names of the people who donate to these groups.

The official reason is a state consumer protection law, which is meant to stop businesses from cheating customers. Both groups say they sell almost no merchandise in West Virginia, and never in a misleading way. Their lawyers at Appalachian Mountain Advocates say the subpoenas don’t point to a single deceptive act.

McCuskey has made defending coal, oil and gas companies a priority, often fighting environmental and public health rules in court. Now his office is investigating groups that work for clean rivers and healthy communities. The groups have asked a federal court to stop the investigation before the Nov. 2 deadline, saying it violates their constitutional rights.

West Virginia Rivers Executive Director Jennie Smith called the subpoena “a fishing expedition intended to stifle our collective voice,” according to a press release from the group. She said staff have already faced threats, and some donors have asked to stay anonymous. She also believes at least five other nonprofits have received similar demands. Complying, she said, “would drown us,” according to Mountain State Spotlight.

Giving to a cause is a form of free speech. Any West Virginian, liberal or conservative, should be able to support a nonprofit without fear that the state will expose their name. Today the target is clean water groups. Next time it could be a church, a gun rights group, or a local charity.

Attorney General McCuskey should withdraw these subpoenas and keep donor names private. Sign the petition to protect free speech in West Virginia before the Nov. 2 deadline.

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The Decision Makers

West Virginia Attorney General
JB McCuskey
Attorney General

Supporter Voices

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