Dutch appeals court overturns landmark climate ruling against Shell

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A Dutch appeals court on Tuesday overturned a landmark ruling that ordered energy company Shell to reduce its carbon emissions by a net 45% by 2030 compared to 2019 levels, while saying that “protection against a “Dangerous climate change is a human right.”

The decision is a defeat for the Dutch branch of the environmental group Friends of the Earthwhich had hailed the initial 2021 decision as a victory for the climate. Tuesday’s civil ruling can be appealed to the Dutch Supreme Court.

The decision upholding Shell’s appeal came as the 12-day United Nations climate conference entered its second day in Azerbaijan.

In a written summary of the decision, the court said Shell owed a duty of care to limit its emissions, but it overturned the trial court’s decision because it was “unable to establish that the social standard of care implies an obligation for Shell to reduce its CO2 emissions by 45%, or another percentage.”

“There is currently insufficient consensus in climate science on a specific percentage reduction that an individual company like Shell should adhere to.”

“It hurts”

Tribunal president Carla Joustra said Shell had already set targets for global warming carbon emissions that were consistent with Friends of the Earth requirements, both for what it produces directly and for the emissions produced by the energy it buys from others.

The court then ruled that “requiring Shell to reduce CO2 emissions caused by purchasers of Shell products…by a particular percentage would be ineffective in this case.” Shell could fulfill this obligation by ceasing to market the fuels it buys from third parties. Other companies would then take over this business.”

Mr. Joustra said that “the final judgment of the court is that Friends of the Earth’s demands cannot be accepted. The court therefore annuls the judgment of the court of first instance.”

“It hurts,” said Donald Pols, director of Friends of the Earth Netherlands. “At the same time, we see that this case has ensured that big polluters are not immune and has further stimulated debate about their responsibility in combating dangerous climate change. This is why we continue to take on big polluters, such as Shell.”

The company welcomed the ruling.

“We are satisfied with the court’s decision, which we believe is the right one for the global energy transition, the Netherlands and our company,” Wael Sawan, chief executive of Shell plc, said in a written statement. “Our goal to become a net-zero emissions energy company by 2050 remains at the heart of Shell’s strategy and is transformative for our business. »