How climate lawsuits are changing our futures

Our climate case against Shell has made waves all over the world. Here are 5 reasons why climate litigation is such an essential tool in the battle against dangerous climate change.

1. The ruling will empower other climate lawsuits

When the court of appeal pronounced its decision on the 12th of November, the judge spoke for only 30 minutes. Still, what was said in the judgment laid a solid foundation for our future efforts to stop dangerous climate change. Not just in the Netherlands, but all around the world. This is why:

A court’s ruling in one climate lawsuit can affect the outcomes of other cases; people might use a specific verdict to strengthen their own case.

Wherever in the world they may be. A judgment consists of various different elements. Anyone can refer to the decision in this Shell case to solidify their legal argument. That way, the judgment will strengthen the legal basis for future cases in the fight against dangerous climate change.

What can people take from this judgment to build their own case?

Here are some key takeaways from the judge’s speech on the 12th of November:

Protection from dangerous climate change is a fundamental human right.
Shell and other large polluting companies have a duty to prevent dangerous climate change and protect human rights.
Shell must make an adequate contribution to meeting the goals of the Paris Climate Agreement.
Shell’s new oil and gas projects are at odds with the Paris Climate Agreement goals.
Shell and other polluters have the power to prevent dangerous climate change.

>> Read more on these 5 takeaways

Photo: director Donald speaks to the press © Frank van Beek / Milieudefensie

2. This lawsuit has shown cracks in companies’ green image

Large polluters like Shell often boast of their green ambition.They will do anything to hide the most environmentally damaging aspects of their business. The power of legal action is that it can bring out this hidden information to the public. During the appeal hearings, Shell confessed that, if they have their way, there won’t be a drop in the company’s emissions by 2030.

The information revealed in court is accessible to more than just the parties involved in the case. It’s open to journalists, politicians and citizens as well. These secrets, when revealed, can change the public perception of a company, and in turn stir up societal pressure on polluters to change.

3. Climate rulings up the pressure on large polluters

Court rulings like this one draw attention to the urgency of the climate crisis. They help shape public opinion and put pressure on corporations and governments to respond.

Multiple courts have confirmed that protection from dangerous climate change is a fundamental human right.
A number of large pension funds and other companies are choosing to divest from oil and gas.
Fewer and fewer people believe the greenwashing strategy of big polluters.

4. Lawyers around the world can start building their case

In the aftermath of the judgement, we received tons of messages from lawyers and other legal professionals who were pleased with the court’s ruling on appeal. They emphasized the court’s statement that companies like Shell have a duty to protect human rights, and that worsening dangerous climate change is a violation of those rights. This confirmation can be used to build other (climate) lawsuits. Some of the lawyers’ comments:

Environmental lawyer Tim Bleeker of the Vrije Universiteit of Amsterdam in NRC: “The court really opened the door to requests for court orders to curb new investments in oil and gas.”

UK Climate lawyers Sarah Hill-Smith and Nigel Brook: “The Court of Appeal rejected many of Shell’s foundational arguments and provided important guidance regarding the responsibility of multinational companies for their contributions to climate change – in so doing, leaving the door ajar for future litigation.”

5. A reason for people to take action

It’s not just lawyers who benefit from the judgment in this appeal. It also serves as inspiration for people like you and me into action. Since the court confirms that companies have a duty to combat dangerous climate change, we as people can up the pressure on polluting companies to take responsibility. The more we are, the better. Will you join the movement today?

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