Dutch court overturns climate verdict against oil company Shell
The Hague Court of Appeal has dismissed a previous verdict in favour of environmental group Milieudefensie against Shell. The landmark ruling removes the requirement for the oil giant to cut CO2 emissions by a set percentage.
While the court reaffirmed Shell’s “duty of care” to address climate change, it ruled that the company cannot be legally bound to specific emissions reductions. The overturning marks a setback for climate activists who had won a historic decision in 2021, requiring Shell to cut emissions by 45 per cent by 2030.
Global precedent
Milieudefensie, backed by more than 10,000 co-plaintiffs and several environmental groups, had pushed for Shell to align its operations with the Paris Agreement, which aims to limit global warming to well below 2° C.
The original court ruling had cited Shell’s responsibility for massive emissions and required that the company make substantial reductions, a move that was seen as a significant step toward corporate accountability in global climate action. It sparked similar legal actions in other countries.
However, Tuesday's ruling underscores the challenge of enforcing such mandates on private companies. Shell has argued that emissions regulation should be the purview of governments, not courts, and that enforcing reductions on one company could create unfair market conditions.
The ruling comes as world leaders gather for the COP29 climate summit in Baku, where corporate emissions and accountability remain contentious issues. It may fuel debate on the role of national courts in mandating corporate climate action and open up discussions on international frameworks that balance governmental and private sector responsibilities in climate action.
(JPO)
© PHOTO PAUL ELLIS / AFP
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