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Environmental rights activists, Friends of the Earth Netherlands has said it will take oil giant, Shell to court if it does not act on demands to stop its destruction of the climate.
The landmark case is supported by Friends of the Earth International, which campaigns for climate justice for people across the world impacted by dirty energy and climate change. Friends of the Earth International has 75 member groups globally, many of them working to stop Shell extracting fossil fuels in their country.
“Shell is among the ten biggest climate polluters worldwide. It has known for over 30 years that it is causing dangerous climate change, but continues to extract oil and gas and invests billions in the search and development of new fossil fuels,’ said Donald Pols, director of Friends of the Earth Netherlands.
This case could set a powerful legal precedent and if successful may force one of the world’s biggest energy producers to rethink its business model. It would significantly limit Shell’s investments in oil and gas globally by requiring it to comply with climate-targets. Dutch citizens too can join the lawsuit as co-claimants.
Last year, a UK court ruled that over 40,000 Nigerians affected by oil pollution cannot proceed with a legal challenge in the UK against Shell and its Nigerian subsidiary citing lack of jurisdiction. The claimants had hoped that the case would set a precedent on jurisdiction, allowing for other cases to be brought against UK-based corporations for their actions abroad.
This lawsuit by Friends of the Earth Netherlands may yet make this possible. It is also unique because it is the first climate lawsuit demanding that a fossil fuel company act on climate change, rather than seeking compensation.
‘If we win this case, it has major consequences for other fossil companies, and opens the door for further legal action against other climate polluters. Friends of the Earth International wants to see binding rules for corporations like Shell who so often regard themselves as being above the law, including when it comes to climate goals,” Karin Nansen, chair of Friends of the Earth International said.
The group alleges that Shell has long known about the severity of climate change and the impacts of oil and gas drilling for decades, but has not only misled the public on the issue, it continues drilling for fossil fuels.
“Across the world Shell’s climate wrecking activities are leaving a trail of devastation, from Nigeria to the Netherlands. We cannot save the climate if large corporations continue to pollute the planet. This is why Friends of the Earth Netherlands is taking Shell to court,” the group said in a release.
Karin Nansen further said, “This case matters for people everywhere. Shell is doing enormous damage worldwide – climate change and dirty energy have devastating impacts around the world, but especially in the global South. With this lawsuit we have a chance to hold Shell to account. ‘
Speaking at CERAWeek in Houston, USA, Ben van Beurden Shell CEO said his company would need to change.
“If society is to meet the aims of Paris, we believe it will have to stop adding greenhouse gases to the atmosphere by 2070. That path is likely to require society to roughly halve the amount of greenhouse gases produced for each unit of energy used by 2050. Shell’s net carbon footprint ambition is aimed at keeping the company in step with society’s progress towards Paris,” he said.
In November Shell announced an emissions ambition to cut the net carbon footprint of its energy products by around half by 2050. As an interim step, by 2035 it will aim for a reduction of 20%. It says it will measure its progress by disclosing the net carbon footprint from its operations and energy use and from the use of its energy products, expressed in grams of CO2 per megajoule consumed and taking account of any emissions offset.
This measure will be tracked over time, with reviews every five years, to ensure Shell is progressing in line with societal progress towards the carbon footprint reduction required to meet the Paris goals. But the group wants action now.
Friends of the Earth Netherlands’ case is part of a growing global movement to hold companies to account for their contribution to dangerous climate change. In January, the city of New York went to court to claim compensation from the five largest oil companies, including Shell, for the consequences of climate change. The cities of San Francisco and Oakland as well as several other counties in California are doing the same.
A Peruvian farmer is suing the German energy company RWE for its contribution to glaciers melting above his village caused by climate change.


