By: Martha Bryson Hodel, Associated Press Writer (AP) An environmental group has asked a federal judge to decide whether lobbyists' discussions with state legislators are protected under the First Amendment.
The West Virginia Highlands Conservancy wants U.S. District Judge Charles Haden to force a lobbyist for the West Virginia Coal Association to reveal details of his talks with lawmakers.
Lawyers for the coal association argue that the lobbyist cannot be compelled to talk because his discussions are protected under the First Amendment's guarantee of the right to petition the government.
Alice Neff Lucan, a Washington, D.C., lawyer who specializes in media freedom of information issues, said that in 20 years of practicing law, "I have never heard of a First Amendment privilege covering these kinds of conversations."
The dispute arose during a deposition in the conservancy's lawsuit against the federal Office of Surface Mining. Chris Hamilton, senior vice president of the coal association, was questioned July 19 by conservancy lawyer Pat McGinley, who asked him about discussions with lawmakers over the coal industry's opposition to lifting the $5,000-per-acre cap on bonds for obtaining a mining permit.
The conservancy wants the judge to order OSM to take over authority for regulating the coal industry in West Virginia, arguing that the state has failed to meet the standards of federal law. Conservancy lawyer Pat McGinley asked the judge to force Hamilton to disclose details of his conversations with members of the Legislature.
Robert McLusky, who represents the coal association, argued that Hamilton's statements are not pertinent to the case, and therefore he cannot be compelled to answer McGinley's questions.
Although previous case law exempts lobbying activities from antitrust law, the law is "not a bar to discovery of evidence," McGinley said.
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