Milieudefensie has suffered a major blow now that the Court of Appeal has allowed Shell to determine for itself how the oil company reduces greenhouse gas emissions. In 2021, there was a ruling requiring Shell to reduce emissions by 45 percent by 2030. The lawsuit was groundbreaking, as it was the first time that an individual company was forced to meet explicit emissions targets against climate change.
Human right
“I think it has been a very useful thing, a lot has become clear,” says Mommers. “The protection of people against dangerous climate change is a right. Shell has a duty in this, but the judge cannot determine what that duty is.” In addition, several sectors within the economy contribute to climate change. “You cannot attach a global percentage to one company. That was a weak spot of the previous judgment, which has now become clear.”
‘Tough battle’
“What we now see is that the ball is in the politicians’ court to determine where the responsibility of those sectors lies,” Mommers concludes. Nine de Pater, campaign leader at Milieudefenise, states that it is and will remain a “tough fight”. “The judge has said hopeful things,” says De Pater, but at the same time points out that climate disasters appear in the news “daily”. “That hurts.”