By Sarah McFarlane
A Dutch court on Wednesday ruled that Royal Dutch Shell PLC is
partially responsible for climate change and ordered the company to
reduce its carbon emissions, a first-of-its-kind ruling that adds
fresh pressure on oil-and-gas companies already facing heightened
scrutiny from governments and investors.
The ruling, issued by the district court in The Hague and
stemming from a lawsuit brought by environmental groups, found
Shell must curb its carbon emissions by 45% by 2030, compared with
2019 levels. This is in line with United Nations guidance for
member states aimed at preventing global temperatures rising more
than 1.5 degrees Celsius above preindustrial levels.
Lawyers and consultants said the ruling could set a precedent in
other Western jurisdictions, particularly in Europe, opening oil
companies to new legal jeopardy over their carbon emissions.
Companies in other heavy polluting industries could also face
greater environmental scrutiny, they added.
"This case does open the door for challenges to other
energy-intensive sectors," said Liz Hypes, an analyst at risk
consultancy Verisk Maplecroft. Other industries that could face
lawsuits include agriculture, transport and mining, all of which
are already being targeted by regulators and civil society over
their emissions, Ms. Hypes added.
The civil suit against Shell was led by the Dutch arm of Friends
of the Earth, an environmental nonprofit. It alleged Shell's
production of oil and natural gas contributed to climate change,
violating a so-called duty of care to those affected by it and
failing to meet the company's human-rights obligations.
Rather than seek damages, the nonprofit asked the court to force
Shell to reduce its carbon emissions. Shell's current
emissions-reduction targets are based on intensity -- the amount of
carbon in any unit of energy -- that could see its overall
emissions still rise.
The court said that Shell wasn't in breach of its obligation to
reduce carbon emissions, but that there was an "imminent breach"
and therefore set the reduction requirement. It said its ruling
covered the emissions of the company's own operations and also
those of its suppliers and customers.
The court didn't stipulate how the ordered reductions should be
met, or how it might monitor or enforce its ruling.
The environmental activists brought the case in The Hague
because that is home to one of Shell's dual headquarters, where
they say corporate policy is decided.
Shell had argued in the case that climate change is a broader
societal issue, and that it wasn't appropriate to ask an individual
private party to reduce its carbon emissions.
The company said Wednesday that it was disappointed with the
ruling and that it expected to appeal. If Shell pursues it, the
case may be referred to a court of appeal where it can take around
one to two years to be heard, after which it can be appealed in the
Shell said it was investing billions of dollars in low-carbon
energy, including electric-vehicle charging, biofuels and
renewables. "We want to grow demand for these products and scale up
our new energy businesses even more quickly," a Shell spokesman
The case comes as oil companies face growing scrutiny over their
carbon emissions. Activists have long accused the industry of
contributing to global warming, alleging the burning of the fossil
fuels they produce and sell is contributing to man-made climate
change. The industry argues it has a responsibility to produce the
oil and natural gas that the world needs.
More recently, governments and shareholders have also ratcheted
up the pressure on the industry. Elsewhere on Wednesday, an
activist investor won at least two seats on the board of Exxon
Mobil Corp. in a historic defeat for the oil giant that will likely
force it to alter its climate strategy.
Several major oil companies have set out plans to reduce their
production of fossil fuels, invest more in renewable energy and cut
carbon emissions. Shell earlier this year said it would gradually
reduce its oil output and expand in electricity and biofuels, while
reducing the carbon intensity of the energy products it sells by
20% by 2030 and 100% by 2050.
Seeking an endorsement of that plan, Shell last week held an
industry-first shareholder vote on its energy-transition strategy,
which was approved by around 89% of investors.
However, a separate additional resolution calling for Shell to
make more ambitious low-carbon investments and carbon-emissions
reductions was supported by about 30% of shareholders. Support for
the resolution, put forward by Follow This, a group of more than
6,000 shareholders in oil companies, was roughly double that of a
similar resolution last year.
Environmental groups welcomed Wednesday's ruling. "This case is
unique, because it is the first time a judge has ordered a large
polluting company to comply with the Paris Climate Agreement," said
Roger Cox, lawyer for Friends of the Earth Netherlands.
The case built on a ruling from the Netherlands supreme court in
December 2019 that said the government needed to do more to prevent
climate change. That case, brought by climate activist group the
Urgenda Foundation, resulted in the government being ordered to
reduce greenhouse-gas emissions by 25% by 2020, from 1990 levels.
The government had previously targeted a 17% reduction, which the
court said was insufficient to meet U.N. climate goals.
Under the 2015 Paris climate accord, which the U.S. rejoined
earlier this year, governments agreed to limit global temperature
rises to 2 degrees Celsius above preindustrial levels, with an
ambition of 1.5 degrees.
"This judgment will not only send shivers down the collective
spines of the oil industry, but of all the other industries that
significantly contribute to the greenhouse gases," said Martyn Day,
a lawyer at Leigh Day, a London-based law firm that has been
involved in other pollution cases against Shell.
Write to Sarah McFarlane at email@example.com
(END) Dow Jones Newswires
May 26, 2021 15:16 ET (19:16 GMT)
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