The multinational oil and natural gas company Shell does not have to drastically reduce its CO₂ emissions. A civil court in The Hague overturned a corresponding judgment of the first instance and dismissed the lawsuit brought by environmental activists.
The first instance ruling from May 2021 stipulated that the company must reduce its emissions of climate-damaging carbon dioxide by 45 percent by 2030 compared to 2019. And the obligation should not only apply to your own companies, but also to suppliers and end users. Otherwise, the goal of the Paris Climate Agreement cannot be achieved. The decision was considered a sensation: for the first time ever, an energy company was forced by the judiciary to change its corporate policy.
:A shock for Shell
The appeal hearing in the climate lawsuit against the company is underway in The Hague. He wants to overturn the historic verdict of 2021. The outcome of the trial will have consequences far beyond Shell.
But now the judges in the next instance declare that Shell is obliged to opt for the international one to implement climate protection. However, a specific percentage for reducing CO₂ emissions cannot be imposed on the group. A reduction in the production of natural gas could lead to a global increase in coal production, which would be significantly worse for the climate.
Shell: Consumers decide for themselves
The court therefore partially follows Shell’s views. The group, which now has its headquarters in London, appealed after the first verdict. Shell is convinced that there is no obligation for companies to reduce pollutants in the Paris Climate Agreement. Governments, not courts, would have to order this. In addition, a company cannot legally be held responsible for the CO₂ emissions of its customers. Ultimately, consumers decided for themselves which energy they used and how much. Shell also believes that the idea that convicting Shell will help the climate is naive. If Shell stopped supplying oil or gas, other energy companies would fill the gap or drivers would fill up at other gas stations.
The Dutch environmental protection organization Milieudefensie originally sued. Donald Pols, head of the organization, said of the verdict: “That hurts.” But the verdict would also show that the debate about responsibility in the climate crisis will continue. It is certain that Milieudefensie will be revised, because for environmentalists Shell is still “one of the biggest climate polluters in the world”. Only China, the USA, Russia and India would emit more CO₂.
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