Shell wins landmark climate case against green groups in Dutch appeal

Oil giant Shell has won a landmark case in a Dutch court, overturning a previous ruling requiring it to cut its carbon emissions by 45%.

The Hague Court of Appeal said it could not demonstrate that Shell had a “standard of social care” to reduce emissions by 45% or any other level, although it agreed that the company had a duty to the public. citizens is to limit emissions.

Three years ago, a court in The Hague upheld a lawsuit by Friends of the Earth and 17,000 Dutch citizens demanding that Shell significantly reduce its CO2 emissions, in line with the Paris climate accord.

The ruling comes as climate talks involving about 200 countries are taking place in Azerbaijan.

Shell said it was satisfied with the court’s decision, but Friends of the Earth Dutch said the ruling was a setback that affected them deeply.

The environmental group can now take its case against Shell to the Supreme Court – but a final decision could be years away.

Donald Pols from the group said “this is a marathon, not a sprint and the race is not over yet”.

At the time, the 2021 ruling marked the first time a court had ordered a private company to align its operations with the Paris climate agreement, meaning a company’s only compliance with the law was is not enough – it must comply with global regulations. climate policy too.

Under the terms of the Paris Agreement on climate change, nearly 200 countries have agreed to keep global temperatures “well below” 2C above pre-industrial levels.

The appeals court judge said companies like Shell have an obligation to help fight climate change based on the human right to be protected from dangerous climate change.

However, the court said Shell had made efforts to reduce emissions and the court could not determine whether they should cut by 45% or another percentage because there was currently no accepted agreement in gas science quantity required.

Shell argues that it has taken “serious steps to reduce emissions”. They complained that the original ruling was unfair in singling out one company for a global problem and said it was unrealistic to try to hold Shell responsible for its customers’ choices.

Shell said if people think progress in cutting emissions is too slow, they should lobby governments instead of Shell to change policies and bring about a green transition.

The oil company said its aim is to reduce the carbon intensity of the products it sells by 15-20% by 2030 compared to a 2016 baseline. Shell also aims to become a net zero emissions company in 2050.

Part of the historic legal case revolves around the interpretation of the “unwritten duty of care” that exists under Dutch law, which requires companies to prevent dangerous negligence.

Friends of the Earth Netherlands argues that there is an international consensus that human rights provide protection against dangerous climate change and that companies must respect human rights.

Shell’s successful appeal could have far-reaching implications for corporate climate responsibility.

A number of environmental groups around the world are now trying to force companies and governments to comply with the accords through the courts.