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Cuccinelli v. Rector & Visitors of University of Virginia

Filing Date: 2010
Case Categories:
  • Climate Change Protesters and Scientists
    • Scientists
Principal Laws:
Virginia Fraud Against Taxpayers Act
Description: Action seeking to quash investigative demands of Virginia attorney general concerning “Climategate.”
  • Cuccinelli v. Rector & Visitors of University of Virginia
    Docket number(s): 102359
    Court/Admin Entity: Va.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/02/2012 Opinion Download Opinion issued setting aside civil investigative demands with prejudice. The Virginia Supreme Court set aside subpoenas issued by the Virginia Attorney General, holding that he did not have authority to demand records related to a former University of Virginia climate researcher’s work. The Supreme Court agreed to hear arguments related to the state grant, concluding that the University was not a “person” under the Virginia Fraud Against Taxpayers Act (FATA) and that the subpoenas, which were predicated on enforcement of FATA, were invalid. 
    03/04/2011 Order Petition for appeal granted. The Virginia Supreme Court agreed to consider the Virginia Attorney General’s request for documents concerning the so-called “Climategate” controversy related to grant applications of a former University of Virginia climate change scientist.
  • Rector & Visitors of University of Virginia v. Cuccinelli
    Docket number(s): CL10-398
    Court/Admin Entity: Va. Cir. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    09/29/2010 Not Available Download Revised civil investigative demand issued.
    08/30/2010 Decision Download Decision issued. A Virginia state court held that four of the five grants were issued by the federal government and thus the Attorney General could not question the professor regarding these grants. In addition, the court held that the document requests were not specific enough because they did not show sufficient reason to believe incriminating documents existed. With regard to the state grant, the court held that the Attorney General could question the professor about it.
    05/27/2010 Petition Download Petition filed to set aside civil investigative demands issued to the University of Virginia. The University of Virginia filed a lawsuit objecting to the “civil investigative demands” served by the Virginia Attorney General on the University concerning five government grants received by a professor previously employed by the University who was involved in the so-called “climategate” controversy.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.