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Victory for Shell in Court: Climate Lawsuit Dismissed - Politics on the Hook

(dpa/jr   ) Climate activists wanted to force the corporation to drastically reduce CO2 and were proven right in 2021. But now the court overturns the historic verdict - though it does not give Shell carte blanche: Oil companies have massively contributed to climate change. And: Protection from the consequences of climate change is a human right.   

 

Deeply disappointed, yet determined: The director of the environmental protection organization Milieudefensie, Donald Pols (center), speaks with journalists after the verdict in the climate trial between several environmental organizations and Shell. The court in The Hague decided on Tuesday that Shell cannot be obligated to specific percentages for reducing CO2 emissions. | Photo: Anp Jeroen Jumelet/ANP/dpa
Deeply disappointed, yet determined: The director of the environmental protection organization Milieudefensie, Donald Pols (center), speaks with journalists after the verdict in the climate trial between several environmental organizations and Shell. The court in The Hague decided on Tuesday that Shell cannot be obligated to specific percentages for reducing CO2 emissions. | Photo: Anp Jeroen Jumelet/ANP/dpa
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The British oil and gas company Shell has achieved a significant victory in the climate lawsuit. The company, according to the judges' decision, does not have to drastically reduce its CO2 emissions. A civil court in The Hague overturned a climate judgement from the first instance and dismissed the environmentalists' lawsuit. The climate lawsuit in The Hague had attracted worldwide attention, especially after the surprising historical victory of the environmentalists in the first instance. A new conviction of Shell could have had consequences for other companies as well. 

In 2021, the civil judges in The Hague had ruled in favor of the plaintiffs and obliged Shell to significantly reduce CO2 emissions - net 45 percent less than in 2019. For the first time, a company was also held responsible for the indirect emissions, namely the output of its suppliers and customers. The lawsuit was filed in the Netherlands, as Shell also had a headquarters in The Hague at the time of the lawsuit.

Shell relieved, but not untouchable

Shell had appealed the 2021 verdict and welcomed the ruling. "In our view, this is the right thing for the global energy transition, for the Netherlands, and for our company," said Shell CEO Wael Sawan. Shell remains committed to reducing its greenhouse gas emissions by half by 2030. However, the plaintiffs are deeply disappointed. "It hurts," said Donald Pols, director of the environmental organization Milieudefensie - he had tears in his eyes. But the organization intends to continue to fight and "target major polluters like Shell." It is not yet decided whether Milieudefensie will appeal to the highest court. Plaintiff Pols also saw positive elements in the ruling.

"We also see that this process has ensured that major polluters are not untouchable."

In fact, the judges also agreed with the environmentalists on key points. First, they noted: Protection from the harmful effects of climate change is a human right. Second, they see companies like Shell as bearing responsibility to uphold these rights. The judges also noted that corporations like Shell have significantly contributed to climate change. Shell also has a duty to strive for international climate protection.
 

No Basis for a Concrete Target

However, the court did not issue a concrete obligation. There is no basis to impose a specific percentage on the corporation to reduce the emission of climate-damaging carbon dioxide (CO2). That would also be ineffective. The case specifically concerned the emissions for which Shell is directly responsible, such as in the production of oil and gas. The company is already on a good path in this regard, said the judges. It is already meeting the demands and aims to achieve a 50 percent reduction by 2030.

Others Fill the Gap 

The crux of the lawsuit, however, was the much larger part of the emissions, the indirect CO2 emissions, which result from customer activities, such as power plants or airlines or motorists who use Shell fuel. If Shell were to produce or supply less oil and gas, the judges noted, other entrepreneurs would likely fill the gap.

"Other companies would then take over the business. In the end, this would not achieve any reduction in CO2 emissions," the judges noted.

On a smaller scale, this also means: If Shell had to close its gas stations, drivers would simply go to another station. The use of coal could also increase. For example: If Shell were no longer to supply gas to a power plant, it would be good for Shell's CO2 balance. But if the plant instead generates electricity with coal, it would be significantly worse for the climate. Because coal is more harmful than gas. What effects this ruling will now have on other cases is unclear. There are similar lawsuits against companies worldwide.

Translated automatically from German.
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