In the appeal in the Climate Case between Milieudefensie and Shell, the Court of Appeal has ruled that the oil and gas giant does have a responsibility to reduce its emissions, but has not imposed a concrete reduction obligation.
"One thing is clear: the fight against the big polluters is a marathon, not a sprint. We will continue in any case until all polluting companies stop causing dangerous climate change," says Milieudefensie Director Donald Pols after an initial analysis of the ruling.
Milieudefensie and its lawyers see a number of important points of reference to build on in their legal battle against large polluting companies. Lawyer Roger Cox: "This is a ruling for the entire business community and not just for Shell. The court makes it abundantly clear that not only countries, but also companies have a responsibility to reduce their emissions in line with the Paris Climate Agreement."
Furthermore, the Court emphasised that 'protection from climate change is a human right and that companies like Shell also have a duty to protect human rights'. The judges also found that Shell has a responsibility to reduce its CO2 emissions to limit dangerous climate change and that its nearly 800 new oil and gas fields are contrary to the goals in the Paris Climate Agreement. The Court of Appeal also points to the European due diligence legislation, which holds large polluters such as Shell responsible for drawing up a climate plan and reducing their emissions in line with the Paris Climate Agreement.
Outside the court, Pols addressed dozens of people who have supported the case from the beginning: "Shell is and remains one of the world’s biggest polluters and must take responsibility for its contribution to dangerous climate change. We are leading the fight with all the thousands of people who support us."
Milieudefensie filed its lawsuit in 2018 with six* co-plaintiff organisations and with the support of more than 17,000 people.
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