Cuccinelli’s campaign has received more than $100,000 from Consol Energy. Report: Cuccinelli underling acted 'inappropriately'

Virginia’s inspector general concluded Tuesday that a senior assistant attorney general under Ken Cuccinelli “inappropriately” offered legal advice to energy companies in a court fight against landowners over natural gas royalties.

The IG, Michael Morehart, began his investigation in June after a judge publicly chastised Sharon Pigeon for assisting defense attorneys at CNX Gas Co. and EQT Production Co.


Cuccinelli’s campaign has received more than $100,000 from Consol Energy, the parent company of CNX, giving Democrats fodder for attacks ads in the race for governor.

Morehart uncovered 52 emails that she sent to lawyers for the energy companies, several of which he said crossed the line. In one email, Morehart writes, she suggested a legal strategy that would force landowners to turn over a chain of documents.

“Based upon the results of this inquiry … [Pigeon] inappropriately used Commonwealth resources in support of the aforementioned private litigation beyond the scope of her authority and position,” writes Morehart.

Morehart writes that Pigeon’s superiors, which would include Cuccinelli, “only became aware” of the 52 emails when a lawyer for the landowners filed a motion for discovery.

“The inspector general’s report proves what we have said from the beginning: Attorney General Cuccinelli had no prior knowledge of the content of these emails and he did not authorize them,” said Cuccinelli official spokesman Brian Gottstein. “The innuendo and outright accusations by some that the attorney general was working against landowners have been proven to be patently false.”

Cuccinelli’s spokesman stressed that Pigeon is no longer involved in the case, which is now being handled by a litigation specialist in Richmond. He said that the office was defending the constitutionality of a law designed to protect the rights of landowners.

Gottstein said Cuccinelli wants to ensure that anyone who lives on land under which methane is extracted should receive royalties, not just the owner of property where wells are drilled.

Democratic candidate Terry McAuliffe’s campaign called on Cuccinelli to return the $100,000 in campaign contributions he’s received from Consol.

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Ken Cuccinelli