Virginia state court quashes state AG's FCA Civil Investigative Demand for climate-change records

by Ben Vernia | August 30th, 2010

The Washington Post reports on August 30 that Albemarle, Virginia, County Circuit Court Judge Paul M. Peatross, Jr., issued a decision quashing a Civil Investigative Demand issued by Virginia Attorney General Ken Cuccinelli to the University of Virginia. The CID had sought records relating to former UVA professor Michael Mann’s work on climate change. According to the Post’s article, Judge Peatross’s letter ruling concluded that Cuccinelli had failed, as required under the Virginia Taxpayers Against Fraud Act (Virginia Code § 8.01-216.1, et seq.), to include an objective reason to believe that fraud had been committed. The Court issued the ruling without prejudice to Cuccinelli serving a new, compliant subpoena on the university.

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