September 14, 2016
Glaser Weil Partner Noah Perch-Ahern was recently interviewed by InsideClimate News in connection with the House Judiciary Committee’s subpoena to the New York and Massachusetts Attorneys General regarding those states’ investigations into possible climate fraud claims.
Mr. Perch-Ahern was ultimately quoted in the article, “Is There a Legal Precedent for Fighting Lamar Smith Subpoenas? Try 1960.” The article discusses the legal merits of a federal congressional subpoena to a state agency. In response to the subpoena, the state attorneys’ general cited to Tobin v. United States, 306 F. 2d 270 (D.C. Cir. 1962), a case with some parallels to the recent congressional subpoena to the state attorneys general. In Tobin, a federal appeals court invalidated a congressional subpoena to the Port of New York Authority because, among other things, there was no specific legislative authority conferred to the house committee related to the subject matter of the subpoena.
Mr. Perch-Ahern was quoted as follows: "'Here, you have the attorneys general saying [to Smith] ... there doesn't seem to be a plain, express authority to the science committee over the internal decision-making of a state agency,' and that 'you are asking for things that are internal matters that should be protected—things that go beyond what you are authorized to seek,' said Noah Perch-Ahern, a Los Angeles attorney experienced in administrative proceedings before Congress.”
Click here to read the full article.