Bucks County violated Pennsylvania’s public records law by filing a climate lawsuit without properly notifying the public, without any public comment period, and without a traceable public record, energy companies argued earlier this month in a Motion to Dismiss the case. 

Although elected officials often discuss litigation matters in closed special sessions, the companies’ August 5 motion argues that Pennsylvania’s Sunshine Act required the Bucks County’s commissioners to approve any “official action” by majority vote in an open meeting allowing public opinion: 

“Pennsylvania law and policy requires that significant matters like bringing this lawsuit be approved in a public forum where constituents can participate in the debate, but there has been no such public debate or approval to bring this action. Pennsylvania law forbids the cloak and dagger measures used here, particularly when the impetus for such litigation was out-of-state-activists and funders with a political and social agenda that is not necessarily consistent with the consensus views of the Commonwealth.” (Emphasis added) 

EID Climate raised this key question of transparency back in March when the suit was first filed: When did the council vote happen, was it done in public, and if not, why? Turns out, it was indeed done in darkness with “no record of such an open meeting, let alone a vote” – something that not only violated public trust, but Pennsylvania law itself.  

Read the full post at EIDClimate.org.

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