A Virginia court ruled yesterday that climate expert Michael Mann can intervene in the high-profile court fight over emails he and others wrote when he was a professor at the University of Virginia.

Mann has fought off attacks from climate skeptics, who have sought to discredit his research on climate change. The criticism has been rejected by various organizations that have investigated it, including the National Science Foundation (Greenwire, Aug. 23).

The litigation, different from a similar effort overseen by Virginia Attorney General Ken Cuccinelli (R), revolves around the attempt by the conservative American Tradition Institute to obtain various emails written by Mann and other scientists through Virginia's freedom of information law.

In May, UVA agreed that ATI could review certain emails behind closed doors before further litigation commences over whether they can be made public.

Mann, now a researcher at Pennsylvania State University, subsequently sought leave to intervene.

Prince William County Judge Gaylord Finch granted his request yesterday.

UVA had also asked Finch to modify the protective order that allowed certain emails to be shared with ATI. Finch has now asked for the litigants to agree to appoint an independent third party who can review the emails.

In an email, Mann described both elements of the ruling as a "positive result" for him.

UVA can now "re-open the protective order and negotiate terms that will insure that exempt materials are protected," he added.

In a statement, ATI, which had opposed Mann's intervention, said the scientist "will have to defend his email content before a neutral court and offer more than slurs and innuendo to support his contention that he can hide his behavior and his emails from the public who paid for them in the first place."

Mann has received backing from other scientists, who have set up a legal fund to support his efforts (E&ENews PM, Sept. 12).

A UVA spokesman could not be reached for comment.