Shell does not have to make an extra effort to reduce harmful emissions, according to the Court of Appeal in The Hague, overturning an earlier court ruling. In 2021, Milieudefensie had enforced through the courts that Shell would reduce its CO2 emissions faster, a ruling that attracted much attention during the appeal.
Reduce CO₂ emissions
Milieudefensie and other organizations had again demanded on appeal that Shell reduce the CO₂ emissions it causes directly and indirectly by at least 45 percent by 2030. This percentage was based on scientific reports describing the global emissions reductions needed to limit global warming to 1.5 degrees. However, the court ruled that such a general standard is not specific enough to apply directly to Shell. According to the judges, different reduction targets may be needed by country and sector.
No benefit
The court again emphasized that protection against climate change is covered by human rights. According to the court, however, there is no point in making Shell do more than other energy producers. Requiring Shell to stop reselling oil and gas from other companies would have little effect, according to the court, because competitors would take over Shell’s role.
ING
The ruling led to frustration at Milieudefensie, partly because the organization had hoped that a court victory would allow it to force other companies to adjust their policies as well. After Shell, Milieudefensie is now targeting ING: if the bank does not reduce its emissions and continues to work with polluting customers, Milieudefensie is also considering forcing ING into action through a lawsuit.
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