Fighting the West Virginia Attorney General’s Investigation

Something happened to the Sierra Club recently that you should know.

On September 23, Sierra Club received a sweeping subpoena from the West Virginia Attorney General that targeted us for what we say about climate change. It was a blatant attempt to chill our speech and silence us, and force us to turn over details on all aspects of our strategy and operations.

We immediately prepared to file suit and block this baseless and improper investigation. Dozens of lawyers and experts worked around the clock for weeks. This unconstitutional probe was bigger than just the target on our back.

If a state official is allowed to investigate Sierra Club for our advocacy and views, they can do the same to any group, on any issue. It has consequences for all of us in exercising our constitutionally-protected freedoms and rights. We knew we had to fight back hard for the First Amendment and the right to organize. Not just for Sierra Club members, supporters, and partners, but for all Americans.

We got ready to draw our line in the sand and go to court, and then, on the same day we told the attorney general’s office about our incoming lawsuit, they withdrew their subpoena.

Yes, you read that right.

Here’s what continues to sink in after they backed down: This is a new, disturbing pattern of politics.

A new type of playbook is becoming more familiar and frequent. A baseless investigation launches. That legal intimidation is then battle-tested while draining the target’s resources and attention. Then other investigations come, following a sharpened strategy to overwhelm and attack those with disagreeable views. In our case, it was all because we challenged those who protect polluters and their profits.

For 134 years, we have never shied away or backed down from a fight. What we’re seeing now is a more hostile legal landscape where unwarranted threats continue to grow, and not just over Sierra Club. It is important, for the sake of our delicate democracy, that we not let these fights happen in the shadows.

We are undeterred and our work continues. Whether it’s preparing to go to court like this or what we do every day in every community across this country to protect clean air and safe drinking water, and to secure a healthier planet for families and future generations. We will stand up for climate action. We will continue to advocate for cheaper, renewable energy which saves money and lives. I especially need to commend our West Virginia staff, volunteers and partners who take on some of the most powerful forces in the coal industry. 

The fact that we are being targeted tells us how much what we are doing matters. And it would not be possible without our incredible grassroots force of supporters, members, staff, and partners who fuel our courage, stamina, and strength. Together, we must be proud and loud about our work, and together, we will defend everyone’s constitutional right to speak out and advocate.

Now, we must stay vigilant, and let’s continue to use our voices for good when they are needed most.

Onward,
Loren Blackford
Executive Director
 

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