Interest group asks court to intervene in U.Va. climate records dispute

A special interest group and Del. Bob Marshall, R-Prince William, have asked a court to compel the University of Virginia to release climate change documents requested months ago under state open records laws.

The American Tradition Institute’s Environmental Law Center and Marshall in January initially asked for materials related to the grant-funded research of former U.Va. professor Michael Mann, a noted climate change scientist.

Mann's work has been cited by those who believe in global warming as strong evidence the Earth is warming.

It has been questioned and critiqued by skeptics. And research Mann conducted at U.Va. is at the heart of an ongoing investigation into possible fraud by Attorney General Ken Cuccinelli.

(Cuccinelli's initial record demand was largely rejected by an Albemarle County Circuit Court judge last year. The attorney general has appealed that decision to the state Supreme Court and filed another subpoena for records, which the university is challenging. A hearing on that matter is scheduled for Sept. 9.)

“More than one month ago, on April 6, 2011, the University informed us in writing that it expected to begin producing responsive records ‘shortly,’” said Christopher Horner, the senior director of litigation for the Environmental Law Center. “Then came a pressure campaign in which groups including People for the American Way and ACLU sought political intervention in the process. On May 2, 2011, UVA promised they would send some documents three days later. As of May 13, 2011, ATI had not received a single document under their request.”

Horner said the university has been given $4,000 to cover documents costs but hasn't turned over one page.

University officials dispute that characterization and say they have been in regular contact with the Institute as they work to respond to the records request.

"This is a tedious and labor-intensive process that . . . requires that each record be read and reviewed individually," university spokeswoman Carol Wood said.

The university, she added hasn't "been influenced . . . by outside groups. That's simply nonsense. We have followed and will continue to follow what is required by law in responding to these FOIA requests."

The Institute is just one of many groups that have requested Mann-related materials from the university; a timeline posted by U.Va. indicates that Mann queries followed the Climategate controversy involving leaked e-mails between climate change researchers in late 2009.

Records which became public following that breach reflect scientific misconduct to promote global warming theories, skeptics assert.

Mann defenders note that he has been cleared of wrongdoing by academic review panels.

On a related note, USA Today has reported that a statistics journal will "retract a federally funded study that condemned scientific support for global warming."

The study has been frequently cited by climate change skeptics. It was produced by a George Mason University faculty member also involved in the composition of a similar study from Congress. Cuccinelli has cited that report in filings for the U.Va. probe.

-- Julian Walker

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