A Pennsylvania judge has dismissed with prejudice a climate lawsuit filed by Bucks County in March 2024 against major oil and gas companies, including Chevron, BP, Shell, ConocoPhillips, ExxonMobil, Phillips 66, and the American Petroleum Institute. The county sought to hold these companies financially responsible for damages related to climate change, such as repairing flood-damaged infrastructure, following severe flooding in 2023. Judge Stephen Corr of the Bucks County Court of Common Pleas ruled that the claims raised by the county are not judiciable by any state court in Pennsylvania, as issues related to greenhouse gas emissions fall under federal jurisdiction through the Clean Air Act. Corr noted that the complaint referenced 'emissions' more than 100 times and concluded that Pennsylvania law, or any state's law, cannot address such claims. The case was dismissed with prejudice, preventing refiling. The court also found that Bucks County commissioners violated the spirit of the state's Sunshine Act by hiring outside counsel, DiCello Levitt, on a contingency basis and approving the lawsuit as part of a consent agenda without public comment or discussion. Commissioner Gene DiGirolamo withdrew his support after the commissioners held a press conference about the lawsuit. This decision is consistent with similar dismissals in New York, Maryland, New Jersey, and Delaware, though courts in states such as Hawaii, Vermont, and Colorado have allowed comparable cases to proceed. Bucks County officials have not indicated whether they will appeal the decision. Chevron's legal counsel expressed satisfaction with the ruling.
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A local judge has thrown out a lawsuit brought by a Pennsylvania county seeking to hold fossil fuel companies responsible for emissions, regardless of the actual source of those emissions. | @jameslynch32 https://t.co/ABQohnKafV