Bucks County, Pennsylvania — A recent ruling from the Bucks County Court of Common Pleas has dismissed a lawsuit targeting major fossil fuel companies, effectively ending the county’s attempt to hold these corporations accountable for damages linked to climate change. Judge Stephen Corr issued the decision on Friday, halting the county’s pursuit of financial reparations for climate-related impacts.
The lawsuit was filed in March 2024, naming companies such as Shell, BP, Chevron, and ExxonMobil, along with the American Petroleum Institute, and accused them of knowing about the harmful effects of their products on the environment. The county contended the firms engaged in a decades-long strategy to mislead the public regarding the consequences of fossil fuels.
Bucks County aimed to recover costs associated with infrastructure repairs necessitated by increasing incidents of flooding and severe weather, which have caused significant damage in recent years. Notably, seven fatalities occurred during severe flooding in Upper Makefield Township.
During a hearing held in March, representatives of the fossil fuel companies argued that the county did not have the legal standing to bring such claims before the court. Judge Corr, reflecting on the scope of the county’s case, humorously remarked on the perceived irrelevance of a local judge in the context of broader environmental issues.
In his written ruling, Judge Corr aligned with the fossil fuel companies’ arguments, stating the court did not possess the jurisdiction to hear claims tied to air quality and emissions. He highlighted that these matters fall under the purview of federal regulations, specifically the Clean Air Act and the Environmental Protection Agency.
Corr further criticized the Bucks County commissioners for the manner in which they approached hiring legal counsel for the case, suggesting their actions violated the state’s Sunshine Act, which promotes government transparency. He noted a lack of public discussion or commissioner commentary prior to filing the lawsuit, calling the document summarizing the hiring of the law firm a “cryptic summary.”
In discussing the central focus of the lawsuit, Corr pointed out the overwhelming emphasis on emissions, suggesting that the claims related to them were inextricably linked to federal jurisdiction. He dismissed the notion that Pennsylvania’s state law could govern the issues raised in the lawsuit.
Following the ruling, Theodore J. Boutrous, Jr., legal counsel for Chevron, expressed approval of the decision, which he claimed was consistent with a growing trend in similar cases nationwide. He specifically noted the judge’s concerns about the commissioners’ process in pursuing the lawsuit.
A spokesperson for Bucks County declined to comment following the ruling. However, attorney Dan Flynn, who represented the county, previously compared the lawsuit to historical cases against the tobacco industry, emphasizing that the intent was not to solve climate change but to ensure the county’s survival amid its impacts.
Back in January, the Bucks County commissioners voted to engage the DiCello Levitt law firm to pursue potential claims against the fossil fuel industry on a contingency basis. The vote garnered unanimous support from the three commissioners, two of whom are Democrats, and one a Republican. Initially supportive, Republican Commissioner Gene DiGirolamo later retracted his backing for the litigation, voicing a change of heart after publicly advocating for the lawsuit.
This latest judicial decision highlights the ongoing legal challenges municipalities face when attempting to hold corporate entities accountable for climate-related damages, as courts throughout the country navigate jurisdictional complexities.
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