Virginia's high court today blocked the latest attempt by Virginia Attorney General Ken Cuccinelli (R) to seize documents related to the work of former University of Virginia climate scientist Michael Mann.

Mann, now a researcher at Pennsylvania State University, has repeatedly been on the receiving end of attacks by climate skeptics, who have sought to discredit his research on climate change. But that criticism has been rejected after investigations by various organizations, including the National Science Foundation (Greenwire, Aug. 23, 2011).

The Virginia Supreme Court today held that the attorney general could not demand access to emails and other documents using a civil investigative demand because the university is not defined as a "person" under the Virginia Fraud Against Taxpayers Act.

"We remain unconvinced that this statute ... was intended to apply to corporate bodies that are arms of the Commonwealth," the court opinion stated.

In reaching that conclusion, the court did not need to reach decisions on other issues presented in the case, including the university's contention that Cuccinelli had failed to explain what exact conduct he was investigating that could be subject to enforcement.

Cuccinelli's investigation rested on a suggestion that Mann might have committed fraud based on his justifications for obtaining research grants he had received while working at the university.

Mann is also involved in a second case in which conservative activists are seeking to access the university's documents using Virginia's freedom of information law (Greenwire, Nov. 2, 2011).

In a statement, Cuccinelli said his office was "simply trying to review documents that are unquestionably state property to determine whether or not fraud had been committed."

In a statement posted on his Facebook page, Mann said he was "pleased that this particular episode is over."

He noted that the money "wasted on Cuccinelli's witch hunt" could have been better spent on "measures to protect Virginia's coast line from the damaging effects of sea level rise."

Click here to read the ruling.