Energy Giant Wins Appeal In Landmark Lawsuit Blaming Company For Climate Change


Energy giant Shell won its appeal against a landmark 2021 legal ruling claiming the company was partially responsible for climate change and needed to cut carbon emissions.

The original decision handed down in 2021 ordered Shell to reduce its carbon emissions by 45% by the end of 2030, with anti-fracking group Friends of the Earth Netherlands bringing the claims. Now, a Dutch appellate court has thrown out the ruling, stating that climate science is not developed enough to impose specific emissions reduction requirements on private businesses like Shell.

“The court of appeal… takes as its point of departure that there is a broad consensus that, in order to limit global warming to 1.5°C, reduction pathways must be chosen in which CO2 emissions are reduced by a net 45% by the end of 2030 relative to at least 2019,” the Hague Court of Appeal wrote in its ruling. “The court cannot determine what specific reduction obligation applies to Shell.”


PLYMOUTH, UNITED KINGDOM – AUGUST 15: The Shell logo is displayed outside a petrol station in Plymouth on August 15, 2024 in Somerset, England. (Photo by Matt Cardy/Getty Images)

The court also noted Shell has already made efforts to lower emissions.

“To assume the impending violation of a legal obligation alleged by Milieudefensie [Friends of the Earth Netherlands] et al., the court would have to find that it is likely that Shell will not have reduced its scope 1 and 2 emissions by 45% by 2030, despite Shell’s concrete plans and the measures Shell has already taken to implement those plans,” the ruling stated. “Milieudefensie et al. have not provided sufficient arguments in support of that.”

The Hague’s decision comes as world leaders meet in Baku, Azerbaijan, for the United Nations’ COP29 climate summit this month, with the U.S. finalizing a levy on “excess” methane emissions from oil and gas producers Tuesday. A variety of world leaders, including President Joe Biden, French President Emmanuel Macron and Brazilian President Luiz Inácio Lula da Silva opted not to attend this year, while representatives from Afghanistan’s Taliban are slated to attend the climate confab for the first time ever.

Friends of the Earth Netherlands, Shell and the Hague Court of Appeals did not immediately respond to requests for comment.

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