San Francisco Frontiers - Dutch climate group launches new case against Shell

In November, the Dutch Appeals Court ruled against Milieudefensie and other climate NGOs, quashing a landmark judgement from 2021 that said Shell had to reduce emissions by 45 percent by 2030.

But that appeals court did say Shell had to make an "appropriate contribution" to the objectives of the Paris climate agreement, without giving the firm a clear emissions reduction target.

The Paris deal committed all nations to cut carbon emissions to limit warming to two degrees Celsius (3.6 Fahrenheit) above pre-industrial levels and encouraged them to aim for 1.5 degrees.

In a letter to Shell, Milieudefensie accused the company of being "in breach of its legal duty of care under Dutch law due to its continued investment in new oil and gas fields."

"The science is crystal clear. There's a legal momentum," said Sjoukje van Oosterhout, in charge of the case at Milieudefensie.

Shell responded in a statement sent to AFP: "As we have said many times, what Milieudefensie wants will not advance the energy transition."

"The transition needs collaboration between governments, businesses and consumers," added the firm, which said it was "one of the largest private investors in the Dutch energy transition."

Milieudefensie pointed to proposed increases in production and sales of fossil fuels by Shell after 2030, confirmed by the company at its Capital Markets Day in March.

"Shell fully or partly own 700 undeveloped oil and gas assets", said Milieudefensie, citing data and modelling from Rystad Energy, an energy consultancy.

"These assets, if developed, could cause 5.2 billion tons of additional CO2 emissions into the atmosphere," said the NGO, noting this was 36 times the Dutch emissions in 2024.

Milieudefensie also wants the court to force Shell to cut emissions to a level compatible with the Paris Agreement's 1.5-degree goal after 2030.

The group has appealed to the Supreme Court against the Appeals Court November ruling but the judgement only takes into account the period up to 2030.

In March, Milieudefensie also began a legal case against top bank ING, aiming to force the institution to halve carbon dioxide (CO2) emissions by 2030.

M.Hill--SFF