After years of environmental activists circling Pennsylvania officials in hopes they’d be the “cherry on top” of their lawfare campaign, Bucks County took the bait and filed a suit on Monday against essential energy producers. But many questions remain, including why the suit was debated quietly with little evident public input and to what extent outside activists helped push it over the finish line.
1) The W’s: When did the council vote happen? Was it done in public? And if not, why?
A review of county public records reveals a conspicuously absent trail of when and how this lawsuit originated. A county meeting from January 3rd appears to mention an executive session that took place on January 2nd that discussed “pending litigation,” but the public is not privy to such a meeting.
Similarly, public meeting minutes show an item on the January 17th meeting agenda to authorize the County Solicitor to enter into a legal agreement with DiCello Levitt, LLP the law firm supporting the county and lawsuit on a 25% contingency fee basis (the firm doesn’t even have a Pennsylvania office, by the way.) However, the public trail runs cold there, with no further information on when, where, and how the debate and vote on this lawsuit took place.
Was there a competitive bid process? What recommendations did the Bucks County Solicitor General make to the Council? Why was this not done under full transparency for Bucks County residents and the general public to debate? The public should be a part of any deliberations that catalyzed such an important decision on the part of the county.
2) Who is supporting the lawsuit behind the scenes?
We already know the Center for Climate Integrity (CCI) – a Rockefeller funded D.C. activist group – has been pushing for Pennsylvania officials to join the litigation campaign, using a familiar playbook that includes sample resolutions, ghostwriting, talking points, and more. CCI was also quick to tout the news on twitter just hours after the suit was filed:
🚨BREAKING: Bucks County just became the first Pennsylvania community to take Big Oil to court for climate deception.
We found that PA faces more than $15 billion in costs to protect residents from climate change.
It’s time to make polluters pay.https://t.co/87sSZQJqcE
— Center for Climate Integrity (@climatecosts) March 25, 2024
Moreover, sections of Bucks County’s complaint are near copy-and-pastes of recent suits filed in Chicago and California. The similarities with Chicago’s lawsuit are particularly notable since Bucks County hired the same outside law firm as Chicago did, and notably, did not hire Sher Edling LLP.
Did the Bucks County Commissioners consult with any ENGOs or other groups in advance of deciding to sue?
3) Why now?
Just next week on April 3rd, the Society for Environmental Journalists is hosting their annual conference just south of Bucks County in Philadelphia where “Big Oil” and alleged “climate misinformation” are a large part of the agenda.
Was this lawsuit timed to make a splash going into a confab of environmental journalists?
Public records show that CCI is sticking around after the conference to pitch Allegheny County officials on a suit soon after the meeting. CCI’s president teased the group’s behind-the-scenes pressure campaign in a statement to the Bucks County Beacon, saying that while Bucks County is the first Pennsylvania government to file a climate lawsuit, “it likely won’t be the last.”
4) Does Bucks County plan to stop using all oil and gas resources in county operations?
Bucks County makes millions off the very industry they now hope to sue into oblivion – $6.7+ million, in fact, distributed to Bucks County from natural gas impact tax since 2012. That revenue directly supports wetlands conservation; trail, park and greenway restoration projects; flood protection, infrastructure and road upgrades, among other important uses.
Similarly, the oil and gas industry directly fuels county services from county vehicles and buildings, to the building blocks of essential county products like playgrounds, pools and libraries.
Pennsylvania lawmakers know that oil and natural gas development is crucial for the state’s economy, even if they don’t fully appreciate who is behind the anti-energy movement. Both of Pennsylvania’s senators, Sens. Bob Casey and John Fetterman, oppose President Biden’s LNG export pause. Like the climate lawsuit campaign, the pressure campaign responsible for the LNG pause was proudly spearheaded by the Rockefellers.
Rep. Brian Fitzpatrick, a Republican representing Bucks County in Congress, also understands the importance of Pennsylvania’s natural gas production. Fitzpatrick has co-sponsored legislation to ban Russian imports in order to send a “clear message” that “the U.S. will secure our own energy independence.” Unfortunately, his own district just made that a little bit harder.
Bottom Line: Bucks County’s climate lawsuit leaves Pennsylvania residents with more questions than answers. The lawsuit was evidently discussed and decided upon in secret, without the input of residents who will be impacted by climate lawfare. Other elected officials in Pennsylvania should be on notice that a billionaire-funded environmental activist group is on the ground in the state and laser-focused on undermining the state’s premier economic driver.
