Shell Climate Trial Verdict: Will the Appeal Succeed?

Shell Climate Trial Verdict: Will the Appeal Succeed?

2024-04-01 07:00:52

April 1, 2024 Today at 08:52

Shell is expected to defend itself from Tuesday and for four days before the High Court of the Netherlands in order to overturn the verdict which required it to almost halve its emissions by 2030.

In the Netherlands, the appeal trial of the climate case once morest Shell

will begin on Tuesday. The oil and gas company hopes to overturn the first verdict which ordered it to reduce its emissions almost in half.

These are images that went around the world in May 2021: the joy of Donald Pols, director of the Dutch environmental organization Milieudefensie, at the end of the “climate trial” once morest Shell. His clenched fists and cries of joy illustrated to what extent the verdict was revolutionary: for the first time, a large company was forced by a court to reduce its emissions.

“If Shell had been a country, it would have been the fifth largest emitter in the world.”

Three years later, the appeal brought by Shell will begin. Starting Tuesday, four days of hearings at the Court of Appeal in The Hague are expected to result in a verdict this fall. Milieudefensie and the six organizations that joined the legal action hope to win the battle once more this time.

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Shell ordered to reduce its CO2 emissions by 45% by 2030

“Shell is one of the largest polluters in the world. If Shell had been a country, it would have been the fifth largest emitter in the world,” the organization said. “If we win the appeal, oil and gas companies around the world risk being sued.”

Another CEO, another speech

The judge forced Shell to reduce its emissions by 45% by 2030 compared to 2019. The company also had to make a “significant effort” to substantially reduce the emissions of its suppliers and customers.

Under the impulsion of its new CEO, Wael Sawan, less concerned regarding the climate than its predecessor Ben van Beurden, Shell revised its climate ambitions downward at the beginning of March. The emission reduction objective of 20% by 2030 now seems set at between 15 and 20%.

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Roger Cox, the lawyer who brought Shell to its knees

Wael Sawan seems to want to continue earn enough money with oil and gas in order to avoid being bought by an American competitor. The shareholder therefore comes before climate ambitions.

As in the first trial, Shell argued that the world cannot yet do without fossil fuels and that if the company stopped providing them, another company would do so.

2.500

actions en justice

According to calculations by Columbia Law School, 2,500 climate-related lawsuits are underway around the world.

Furthermore, she asserted not being able to solve the climate problem alone and that reduction targets were aimed at countries, not businesses.

Unlike what happened in 2021, Shell is duly prepared this time. According to the “Financieele Dagblad”, the management of Shell Netherlands has been discussing the appeal every week for months with the famous British law firm Clifford Chance.

According to calculations by Columbia Law School, 2,500 climate-related legal actions are underway around the world. The current decision will impact these cases.

If Shell fails to convince the judge once more, he will still have the cassation.

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