Federal Judicial Center Removes Climate Chapter from Scientific Evidence Manual

AG: West Virginia News

Published March 23rd, 2026

Detected March 23rd, 2026

Summary

The Federal Judicial Center has confirmed the complete omission of a climate science chapter from all distributed versions of its Reference Manual on Scientific Evidence, Fourth Edition. This action follows a letter from a coalition of 25 state attorneys general, led by West Virginia, expressing concerns about judicial impartiality in litigation.

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What changed

The Federal Judicial Center (FJC), through Director Judge Robin Rosenberg, has confirmed the removal of a climate science chapter from its Reference Manual on Scientific Evidence, Fourth Edition. This decision means the chapter will not appear in any hard copies distributed by the FJC, and the National Academies of Sciences, Engineering, and Medicine will note its omission in their versions. This action was prompted by a February 17 letter from a coalition of 25 state attorneys general, led by West Virginia AG JB McCuskey, who argued that the chapter's inclusion risked undermining judicial impartiality in active litigation.

This development signifies a substantive change in the FJC's publication, effectively withdrawing content that was potentially controversial in legal proceedings. While the FJC's action is a confirmation of an omission rather than a new rule, it addresses concerns raised by state AGs regarding the influence of scientific evidence in court. Legal professionals and judicial officers who rely on the FJC's manual should be aware of this omission and consult the National Academies' version for context regarding the FJC's specific edition. No immediate compliance actions are required for regulated entities, but the situation highlights the sensitivity surrounding scientific evidence in litigation.

What to do next

Review FJC's February 24 letter regarding the omission of the climate science chapter.
Note the omission of the climate science chapter in the Reference Manual on Scientific Evidence, Fourth Edition, when consulting the document.

Source document (simplified)

Federal Judicial Center Confirms Climate Chapter Removal, Responds to West Virginia-Led Coalition

March 23, 2026

FJC Director Judge Robin Rosenberg confirms no hard copies distributed with climate chapter; National Academies to note omission in its version

West Virginia Attorney General JB McCuskey announced that Federal Judicial Center Director Judge Robin L. Rosenberg has responded to the multistate coalition's letter, confirming that the climate science chapter has been fully omitted from all versions of the Reference Manual on Scientific Evidence, Fourth Edition distributed by the Center — including any future hard copies.

In her February 24 letter , Judge Rosenberg confirmed that no hard copies of the manual have been distributed by the Federal Judicial Center and that all future hard copies will likewise omit the climate science chapter. Judge Rosenberg also confirmed that the Center has discussed the omission with the National Academies of Sciences, Engineering, and Medicine (NASEM), which will include a note in its web and print versions indicating that the FJC has omitted the chapter from its edition.

Attorney General McCuskey led a coalition of 25 state attorneys general in a February 17 letter to Judge Rosenberg raising concerns about the climate science chapter and requesting clarity on the distribution and review process. The coalition argued that the chapter's inclusion risked undermining judicial impartiality in active litigation.

Read the FJC's response letter here. Read the coalition's letter here and the previous press releases here and here.