A Bucks County judge is weighing whether to dismiss a lawsuit filed by Bucks County government against major fossil fuel companies, as attorneys for both sides argued their cases in a packed courtroom Monday.
Court of Common Pleas Judge Stephen Corr heard arguments concerning a motion to dismiss the lawsuit, which Bucks County filed last March.
The case alleges that companies and organizations like Shell, BP, Chevron, Phillips 66, ConocoPhillips, ExxonMobil, and the American Petroleum Institute knew about the climate impacts of burning fossil fuels but engaged in a decades-long campaign to mislead the public about the risks.
The county is seeking damages for climate change-related costs, including property and bridge repairs caused by damaging storms. The county has seen a number of serious flooding incidents in recent years, including the deaths of seven people in Upper Makefield Township.
Attorneys for the fossil fuel companies argued that the county lack standing to bring such claims, that Bucks County court is not the appropriate venue, and that the Bucks County Commissioners’ vote to hire the law firm handling the case did not follow proper open meeting procedures.
“Is it bigger than this little old judge in Bucks County?” Corr joked during the hearing.
County attorneys countered that Bucks County is an appropriate venue, arguing the lawsuit centers on misleading consumers and the resulting impact on taxpayers. They emphasized that the case is similar to product liability cases previously tried in Pennsylvania.
Dan Flynn, an attorney for the county, said the case is about “actual issues and actual damages” from climate change and an alleged disinformation campaign. He likened the case to those against big tobacco.
“It’s not about solving climate change,” Flynn said. “It’s about Bucks County surviving it.”
Ted Boutrous, an attorney representing Chevron, argued that similar lawsuits in Delaware, Maryland, and California have been dismissed. He cited federal law and U.S. Supreme Court precedent.
“The claims are based on interstate and international emissions and, therefore, are precluded and preempted by federal law under clear U.S. Supreme Court precedent,” Boutrous said.
He also argued that the county’s lawsuit made “sweeping claims” based on actions outside of Bucks County and Pennsylvania’s jurisdiction.
The Bucks County Commissioners voted in January to hire the DiCello Levitt law firm on a contingency basis to pursue potential environmental claims. The vote, part of a consent agenda, was approved by all three commissioners, two Democrats and one Republican.
Republican Commissioner Gene DiGirolamo initially supported the lawsuit.
DiGirolamo spoke in support at a March press conference announcing it. However, he later stated he “would like to withdraw my support for the lawsuit.”
During the hours-long hearing, Corr pressed both sides on their arguments and noted that there was “no question” fossil fuel companies misled the public about the harms of their products.
Attorneys for the fossil fuel companies did not deny the impacts of their products on climate change.
Corr said he would issue a written decision at a later date.
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