Court sides with free speech and blocks West Virginia Attorney General’s subpoenas against climate groups

CHARLESTON, 29 October, 2026 — 350.org appreciates Judge Joseph R. Goodwin's decision issued today for a temporary restraining order blocking the enforcement of the subpoenas issued by Attorney General JB McCuskey against 350.org and the West Virginia Rivers Coalition. The ruling is a win for every American’s right to speak out on the issues that shape their lives. We look forward to the court’s further review and are confident the subpoenas will ultimately be permanently struck down.

The subpoenas, issued on 16 September 2026 under the State’s consumer protection law, demanded nearly a decade of the groups’ internal records, including their public statements on climate and energy, fundraising requests and funding sources. They cited no consumer, sale, complaint or wrongdoing and had no legitimate investigative purposes. In his ruling, Judge Goodwin wrote:

“What these organizations do is argue in public about what coal, oil, and gas do to West Virginia’s waters and climate. The State’s chief legal officer, who has publicly condemned that advocacy, now demands to know how they reached their views and who stood with them. The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending.”

For nearly two decades, 350.org has worked alongside communities in the United States and around the world to fight for a safe climate and a livable future for generations to come. Speaking out for that future is not a crime – it's a right that belongs to everyone, whatever side of an issue they’re on.

Anne Jellema, 350.org's Executive Director, said:

“We welcome today’s ruling. For nearly two decades, 350.org has worked to protect people and the planet, and we won’t back down now. Speaking up for clean air, clean water and a livable climate is not a crime. It is a right, and today the court took the first step to protect it.

This decision matters beyond our organization. It matters to every nonprofit, community group and citizen who has ever wondered whether speaking out would make them a target. It signals that the constitutional right to free speech still holds, and that the justice system should not be used to intimidate people you disagree with. We’re confident this temporary order will become a permanent one.”