A federal judge has blocked paint company Sherwin-Williams' request to stop Delaware County, Pa., officials from publicly threatening to sue the company to pay for lead-paint removal. Sherwin-Williams alleged officials statements on suing the company violated Sherwin-Williams' First Amendment and due process rights, The Legal Intelligencer reports.
Sherwin-Williams claimed public filings, statements and media reports show that the county has either retained or is in the process of hiring lawyers to potentially sue Sherwin-Williams in multiple courts throughout Pennsylvania to pay for the inspection and abatement of lead paint in or on private housing and publicly owned buildings and properties.
Delaware County has yet to actually file a lawsuit, U.S. District Judge Nitza Quiñones Alejandro said. Because Sherwin-Williams suffered no injury, the judge dismissed the case.
“Here, defendants argue, and this court agrees, that plaintiff has not articulated a particularized, concrete injury in fact for purposes of demonstrating an actual case or controversy. Indeed, each of plaintiff’s claims for declaratory relief is dependent on some future, contingent act by defendants, i.e., the potential filing of a ‘threatened’ lawsuit by the county,” Quiñones Alejandro said.
While Delaware County has not yet filed suit against Sherwin-Williams, two Pennsylvania counties—Lehigh and Montgomery counties—are engaging paint companies, including Sherwin-Williams, in "public nuisance" lawsuits, encouraged by the success of similar lawsuits in California. In response to the filed "public nuisance" lawsuits, Sherwin-Williams has alleged the county attorneys have financial stakes in the case's outcomes.
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