by Howard Fischer
Capital Media Services

PHOENIX — An organization that is questioning the research behind climate change will get another chance to demand to see the emails of two University of Arizona scientists.

The state Court of Appeals has overturned the ruling of a trial judge who said the university need not disclose 1,700 emails and other records from Jonathan Overpeck and Malcolm Hughes. Pima County Superior Court Judge James Marner had said the university did not abuse its discretion in concluding that disclosing the documents would not be in the best interests of the state.

But appellate Judge Joseph Howard, writing for the unanimous court, said it’s legally irrelevant what university officials thought was appropriate to disclose…

The ruling does not guarantee that the Energy & Environment Legal Institute, which has raised questions about climate change and the causes behind it, will get all of the documents. But in raising the bar for the university to shield them from disclosure, it increases the chances at least some of these will see the light of day.

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