Virginia Supreme Court Rejects Subpoenas of Climate Scientists’ Emails

Statement by Michael Halpern, Union Of Concerned Scientists

Today, the Virginia Supreme Court rejected Virginia Attorney General Ken Cuccinelli’s Civil Investigative Demands (CID) — essentially subpoenas — that would have required the University of Virginia (UVA) to turn over emails and other private correspondence  among former university climate scientist Michael Mann and dozens of his colleagues.

Since April 2010, Cuccinelli, who does not accept climate change science, has repeatedly attempted to use his power as attorney general to access the scientists’ correspondence –  including emails, research drafts and even handwritten notes — through the Virginia Fraud Against Taxpayers Act.

Today’s decision follows a circuit court judge’s motion in August 2010 to set aside Cuccinelli’s request. The circuit court judge ruled that the attorney general had failed to provide any evidence of wrongdoing by Mann or any other climate scientist. Several independent investigations have cleared Mann of any research misconduct, and Mann’s data and methods are publicly available.

Below is a statement from Michael Halpern, program manager for the Union of Concerned Scientists’ Scientific Integrity Program:

“We applaud the high court for reaffirming that Mr. Cuccinelli didn’t have a legal leg to stand on in his pursuit of Mann’s and other scientists’ private correspondence. The university should be commended for its courage in standing up to the attorney general to ensure Virginia will remain a safe place for scientific research, even when elected officials don’t like the results.

“Academic institutions have the responsibility to protect their faculty’s ability to discover new things about our world without fearing harassment. Nobody should expect the rough drafts of their work to be subject to the same level of scrutiny as their published research.

“Now, it’s time for leaders in Virginia to move on. The attorney general’s fishing expedition represents a failure to govern. For two years, the attorney general has joined a small but vocal minority in a pointless and costly investigation that has done nothing but distract Virginia from the real challenge: mitigating and adapting to climate change.”

In the short-term, CSLDF would greatly appreciate your financial support to help Dr. Michael Mann. Funds are needed to:

1.     Fend-off ATI’s demand to take Dr. Mann’s deposition, which is a blatant attempt to harass and intimidate him for exercising his constitutional rights by petitioning to intervene in the case.

2.     Defeat ATI’s attempt to obtain Dr. Mann’s email correspondence through the civil discovery process, which essentially is an “end-run” around the scholarly research exemption under the Virginia FOIA law.

3.     Prepare for summary judgment on the issue of the exempt status of his email correspondence under the Virginia FOIA law.

Donations can be sent to CSLDF online or by sending a check made out to PEER, with Climate Science LDF on the memo line to:

Climate Science Legal Defense Fund
c/o PEER
2000 P Street, NW #240
Washington, D.C. 20036

Through PEER, a private non-profit organization organized under Section 501 (c) 3 of the Internal Revenue code, your contribution will be tax deductible.

PEER Sponsors Effort to Counter Fossil-Fueled Attacks on Climate Scientists    

Washington, DC — The Climate Science Legal Defense Fund (CSLDF) has found a non-profit home in Public Employees for Environmental Responsibility (PEER) which provides it fiscal sponsorship and logistical support.  CSLDF lets scientific colleagues and the public directly help climate scientists protect themselves and their work from industry-funded legal attacks.

In recent years, these legal attacks have intensified, especially against climate scientists.  The fund is designed to help scientists like Professor Michael Mann cope with the legal fees that stack up in fighting attempts by climate-skeptic groups to gain access to private emails and other correspondence through lawsuits and Freedom of Information Act requests at their public universities.

The project is co-directed by physical sciences Professor Scott Mandia of Suffolk County Community College and Joshua Wolfe, co-author of “Climate Change: Picturing the Science.”  The Fund started this past fall after Prof. Mandia posted a “Dear Colleague” appeal for support which generated more than $10,000 in less than 24 hours (http://bit.ly/qzg7X4).  To date, CSLDF has raised $25,000.  All contributions to CSLDF are tax-deductible.

“Academic salaries are not designed to support ongoing legal expenses in fights with corporate-funded law firms and institutes,” said Prof. Mandia.  “These legal battles also have taken many of our brightest scientific minds away from their research.”

“Our goal is not only to defend the scientist but to protect the scientific endeavor,” explained Wolfe. “The Climate Science Legal Defense Fund was established to make sure that these legal claims are not viewed as an action against one scientist or institution but as actions against the scientific endeavor as a whole.”

In addition to its core mission of defraying legal fees, CSLDF will

• Educate researchers about their legal rights and responsibilities on issues surrounding their work;
• Serve as a clearinghouse for information related to legal actions taken against scientists; and
• Recruit and assist lawyers representing these scientists.

“The Climate Science Legal Defense Fund dovetails with the mission of PEER – to protect those who protect our environment,” stated PEER executive Director Jeff Ruch.  “When individual researchers find themselves under intense legal assault, they often have few resources. Their universities do not necessarily represent their interests and may be disinclined to resist corporate fishing expeditions.  We are stepping into this void to provide direct aid to both the scientists and their institutions.”