Bucks County Lawsuit Will Hurt All Pennsylvanians

America’s manufacturers are leading the way in energy innovation, efficiency and sustainability, helping to power our country, create jobs and strengthen our economy. But some politicians, lawyers and other actors are targeting American energy producers with costly lawsuits, driving up energy prices for consumers and putting critical jobs at risk.

Bucks County is at the center of this misguided litigation campaign. Last March, the Bucks County Board of Commissioners joined a national effort to sue energy companies to make them pay for climate adaptation costs — costs that will ultimately fall on workers, families and businesses. This month, the Court of Common Pleas of Bucks County is considering whether the suit can proceed. Allowing it to move forward would set a dangerous precedent.

This litigation is not about the law or sound climate policy — it’s about climate politics. The legal question before the court is whether Pennsylvania state law can be used to govern and impose liability on the production, promotion and sale of oil, gas and other energy sources worldwide. Courts in New York, Delaware, Maryland, and New Jersey have thrown out similar lawsuits, ruling that climate change raises federal, not state, issues. These lawsuits also raise climate policy matters meant for Congress and regulators, not lawyers and judges.

For years, Pennsylvania has been a leader in innovation and manufacturing, which accounts for more than 11% of the state’s total economic output and nearly 560,000 jobs. Manufacturers are focused on driving cleaner, more efficient operations and cutting emissions while keeping energy reliable and affordable. Meanwhile, natural gas has reduced carbon emissions in the state’s power sector by 46% since 2005. These economic and environmental gains are now at risk.

Every dollar wasted on litigation means less money for research and development, job creation and producing the goods that improve our lives. If American manufacturers are forced to pay these massive costs, we will lose jobs, investments, and significant economic opportunities. For many small and medium-sized manufacturers, especially those with thin margins, the added costs of this litigation could threaten their survival.

Bucks County’s lawsuit will also hit every Pennsylvanian’s wallet. The lawyers behind the litigation have admitted that the goal is to “raise the price” of oil and gas and “hold consumers responsible” for using energy. These lawsuits will make it more expensive to heat homes, fuel cars, and power vital services such as hospitals—and that’s exactly what they intend to do.

What’s more, those behind this litigation see value in filing these lawsuits — even if they lack merit — as a public relations stunt. They use these cases to validate and advance a public narrative that energy producers are to blame for climate change, even when the claims are not supported by facts or law.

Finally, by pushing this energy price hike through the courts, they are attempting to bypass the checks and balances of Congress and the democratic process. The proven way to strengthen American energy leadership and make meaningful progress on the climate is through public policies that encourage innovation — not lawsuits that drive up costs and make us less competitive.

Manufacturers in Pennsylvania and across the country are setting an example for the world, investing in cleaner, more efficient operations and cutting emissions while keeping energy reliable and affordable. Instead of chasing political lawsuits that increase costs and threaten jobs, our leaders should focus on real solutions that strengthen American leadership on climate, protect our energy future and keep U.S. manufacturing competitive. The stakes are too high — Pennsylvanians deserve better.

David N. Taylor is president and CEO of the Pennsylvania Manufacturers’ Association. Phil Goldberg is special counsel to the Manufacturers’ Accountability Project.