The Nationally Coordinated Climate Litigation Campaign Comes to Delaware

On Tuesday, the climate litigation campaign organized by plaintiffs’ lawyers and activists across the country enlisted its newest ally when Delaware Attorney General Kathy Jennings announced a public nuisance lawsuit against major energy companies over climate change impacts.

Delaware joins four other states and more than a dozen municipalities in the highly orchestrated climate litigation campaign, with most of these cases sharing many of the same legal arguments, media echo-chamber, and outside counsel – underscoring the extent of the coordination.

And like the other municipalities and states pursuing this baseless litigation, Delaware faces an uphill climb. The three cities that have had their cases considered on their merits – those filed by San Francisco, Oakland and New York City – were all dismissed by federal judges. Similarly, the New York attorney general also had a similar case definitively dismissed from state court. So harsh was its defeat that the office chose not to appeal the decision.

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