CHARLESTON, WV – Today lawyers representing the West Virginia Rivers Coalition Inc. (WV Rivers) filed a federal lawsuit in the U.S. District Court for the Southern District of West Virginia challenging an investigatory subpoena issued by West Virginia Attorney General John B. McCuskey for violating its civil rights. WV Rivers is represented by attorneys from Appalachian Mountain Advocates.

The legal action, brought under 42 U.S.C. § 1983, names McCuskey in his official capacity as Attorney General of the State of West Virginia. WV Rivers is seeking injunctive relief based on violations of its First and Fourth Amendment rights and has asked the federal court to issue a temporary restraining order to prevent enforcement of the unjustified and retaliatory investigation into the organization’s advocacy and communications served on September 21, 2026.

“I want to be very clear,” said Jennie Smith, Executive Director for WV Rivers. “This investigatory subpoena from our state’s Attorney General is nothing more than a fishing expedition intended to stifle our collective voice in our advocacy for clean water, protected public lands, and healthy communities.”

According to the filing, the subpoena does not identify specific wrongdoings by WV Rivers. Instead, it makes broad allegations concerning so-called “climate claims” and demands extensive records reaching back 10 years, including publications, emails, communications, and other organizational documents.

The subpoena alleges the group engaged in “unfair” or “deceptive” practices in connection with statements concerning relationships with fossil fuel emissions associated with its extraction, processing, transportation, combustion, or petrochemical conversion and matters including climate change, weather impacts, public health, and economic harm.

It also seeks detailed information concerning payments made by WV Rivers to individuals and groups, potentially including the organizations’ mini-grantees and community partners.

WV Rivers maintains that the investigation is an intrusive and overreaching abuse of power.

Protecting the right to speak up for West Virginia and our natural resources

Guided by science and public interest, WV Rivers works to ensure that West Virginia remains a place where people want to live, work, visit, and enjoy the natural beauty that makes the state wild and wonderful.

The organization historically and presently works with administrations, government agencies, elected officials, communities, and other partners in the spirit of cooperation to protect West Virginia’s water resources.

“We are disheartened that the State Attorney General’s Office has chosen this course of action,” said Smith. “WV Rivers has spent more than three decades standing up for our waters and has always believed that protecting West Virginia’s waters is something we all have a part in. We will not be intimidated into silence now.”

However, Smith explained that the organization has taken prudent risk-management steps following receipt of the subpoena, “Today, we are pursuing the necessary actions to protect our organization, our partners, and the constitutional rights of everyone who believes in speaking up for West Virginia.”

A commitment to people and place

Far from engaging in deceptive practice, WV Rivers brings credible, science-based information to the public about how climate change and other environmental impacts affect our rivers, mountains, and people. Because of those effects, part of WV Rivers’ strategy includes advocating for a just transition for West Virginia that shifts our economy and livelihood from fossil fuels dependency to renewable energy sources.

WV Rivers advocates for clean water and healthy rivers in the Mountain State through research, public education, policy advocacy, community-driven water-quality monitoring, and engagement with state and federal agencies.

“We’ve been thinking a lot about our staff and contractors, partners, community members, and funders big and small at this time,” Executive Director Jennie Smith explained. “Under this sham investigation, we may not be able to protect the identities of anyone who has worked in coalition with us. With that truth in mind, we have slowed public rollout of projects and awards to protect smaller groups and individuals from being targeted.”

The organization has made adjustments to internal communication protocols, as well as external though additional layers of review to previously streamlined processes.

While WV Rivers takes stock and reassesses strategies, Smith says the organization remains committed to our waters, public lands, and the people who depend on our natural resources.

“WV Rivers believes strongly in the First and Fourth Amendments, in the rule of law, and in the right of West Virginians to advocate for the waters of our state.”

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About West Virginia Rivers Coalition
West Virginia Rivers Coalition is a statewide nonprofit organization dedicated to promoting clean and healthy West Virginia waters for all. Learn more at WVRivers.org.