Shell heads to court to appeal landmark climate change ruling

By Markus Jansen Apr 2, 2024

Oil giant Shell launches its appeal against a 2021 landmark ruling on Tuesday, in an effort to overturn a court order to cut carbon dioxide emissions more quickly than it had planned.

The case, brought by environmental campaign group Milieudefensie, helped paved the way for a string of other cases in which industry, and government, have faced legal action for endangering the public.

If the ruling remains intact, Shell will have to have cut its carbon dioxide emissions by 45% net by the end of 2030, when compared with 2019.

The court said in 2021 that the company’s carbon emissions pose a β€˜very serious threat’ to residents of the Netherlands, and that the company has an β€˜individual responsibility’ to reduce them. However, the court said, it will be up to Shell how to implement the ruling.

Energy analysts said at the time the biggest challenge facing Shell is that of reducing the carbon emissions of its clients – who are responsible for most of the emissions attributed to the company.

β€œShell is constantly trying to run away from its responsibility to stop dangerous climate change, but they can’t run from the courtroom,” said Milieudefensie director Donald Pols.

β€œClimate scientists warn that we need to act even faster than originally thought. Shell may keep putting up smokescreens, but the facts are crystal clear. Their emissions need to be drastically cut.”

Legal experts say the impact of the decision will be amplified because the court relied on global human rights standards and international instruments on climate change in arriving at its decision.

Utrecht University law professor Elbert de Jong told broadcaster NOS the case is unique. β€œA lot of new, exciting legal arguments are being made… should companies comply with agreements on climate change and human rights treaties? And what is the role of the court.”

At the time, the ruling was the second significant boost for climate change activists by a Dutch court. In 2019, the Dutch Supreme Court ordered the state to reduce greenhouse gas emissions by 25% of 1990 levels by the end of 2020 in what has become known as the Urgenda ruling.

In total, four days have been set aside for the hearings in The Hague.

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