Western PA Must Remain Vigilant Against Attacks on Energy Production

In a move that has raised eyebrows across the Keystone State, Bucks County recently filed a lawsuit against several major energy companies accusing them of creating a public nuisance by extracting necessary resources and engaging in a campaign of deception regarding climate change. This legal action is a misguided approach that could have far-reaching harmful consequences and should be reconsidered.

Energy is vital to Pennsylvania

Pennsylvania’s energy sector is vital to our state’s economy, providing hundreds of thousands of jobs and contributing significantly to our tax base. Energy producers and their broader supply chains have been a cornerstone of the state’s economic growth, adding more than $75 billion to gross domestic product and supporting more than $40 billion in labor income in 2021 alone. If this lawsuit were to succeed, it would be devastating to our broader energy footprint, potentially leading to job losses, reduced investment, and economic stagnation.

The impact would be felt most acutely in western Pennsylvania, where out of state groups are now trying to pressure Allegheny County to join the litigation fray. Families in this region who have found stability and prosperity through energy production could suddenly find themselves facing an uncertain future and such lawsuits could cause higher energy prices, adding insult to injury for the very people the lawsuit is claiming to benefit.

Courts have declined to judge climate change

Fortunately, several courts have ruled that climate change policy is not an issue for the judiciary to decide and there is no reason to expect the Bucks County case will be treated any differently. In fact, as early as 2011 the U.S. Supreme Court in an opinion authored by Ruth Bader Ginsburg held that Congress and the Executive Branch were “better equipped to do the job than individual district [or state] judges.” More recently and closer to home, Baltimore just had its case dismissed on the grounds that it went “beyond the limits of Maryland state law,” while earlier this year Delaware had the scope of its case significantly narrowed to focus solely on in-state emissions due to similar concerns.

Such realities raise the question of why Bucks County continues to pursue this lawsuit, despite the fact that it will likely be a waste of taxpayer resources. The fact remains that the county’s complaint is preempted by Pennsylvania law and the Clean Air Act and openly acknowledges that the alleged harms were caused by out-of-state and worldwide conduct, which would preclude the county from using Pennsylvania’s own state laws to sue for climate change related damages. Moreover, due to the lack of a properly noticed public meeting and opportunity to comment on thecCounty’s actions,the suit violates the Second Class County Code and the state’s Sunshine Act.

The lawsuit is losing support

This may explain why Bucks County Commissioner Gene DiGirolamo has rescinded his endorsement for such actions stating that “I have considered this for the past seven or eight days, and at this point, I would like to withdraw my support for the lawsuit.” Pennsylvania’s policymakers are waking up to the fact that these lawsuits are nothing more than a distraction and that their time would be better spent focusing on more productive efforts.

One such approach would be to work closely with the private sector to promote new and innovative technologies in the energy field. Pennsylvania has a rich history of innovation, and by fostering partnerships between our world-class universities, tech startups, and established energy companies, we could position ourselves at the forefront of the clean energy revolution.

Additionally, we should recognize the important role that natural gas can play as a bridge fuel and backstop to renewable energy sources. Pennsylvania sits atop the Marcellus Shale, one of the largest natural gas fields in the world, and is the second-largest natural gas producing state in the U.S. By promoting the responsible extraction and use of this cleaner-burning fossil fuel, we can reduce carbon emissions while maintaining economic stability. This approach would allow us to gradually transition to renewable energy sources without causing economic disruption or energy insecurity.

More energy sequestering lawsuits to come?

The backers of the Bucks County lawsuit have ominously stated that it “is the first Pennsylvania government to file a climate accountability lawsuit against Big Oil companies, but it likely won’t be the last.” With their recent efforts to recruit Allegheny County, and the realization that they have their eyes trained on Western Pennsylvania, we must remain vigilant to ensure there is not further contagion.

This article was originally published by RealClearPennsylvania and made available via RealClearWire.