Shell Prevails in Dutch Climate Case After Switching Counsel
The case was filed by several Dutch NGOs and handled by Paulussen Advocaten's Roger Cox, one of the country’s best-known and most influential climate lawyers.
November 12, 2024 at 02:49 PM
2 minute read
Environmental LawIn a decision that could have implications for climate litigation, Dutch oil giant Shell on Tuesday won an appeal of a ruling that required it to accelerate carbon reduction efforts.
The case before the Hague Court of Appeal centered on a landmark 2019 Dutch court ruling compelling Shell to reduce its global greenhouse gas emissions by 45% compared to 2019 levels in what was believed to be the first time a company had been ordered by judges to slash emissions in line with the 2016 Paris climate agreement.
In Tuesday's ruling, the three appellate court judges wrote that the oil giant must reduce its emissions under the country’s civil-code duty of care, but that Shell cannot be held to an emissions reduction goal of 45%, or any other target, due to a lack of scientific consensus on the appropriate emissions reduction targets for oil and gas companies.
“This means that based on the available climate science, it cannot be said that a 45% reduction obligation—or any other percentage—applies to Shell,” the judges wrote.
De Brauw Blackstone Westbroek's Dennis Horeman had represented the Shell when the 2019 ruling was issued. But in the appeal, Clifford Chance’s Daan Lunsingh Scheurleer advised the oil giant. Shell declined to comment and Clifford Chance did not respond to a request for comment.
The decision can still be appealed before the country’s Supreme Court.
The case was filed by several Dutch NGOs and handled by Paulussen Advocaten's Roger Cox, one the country’s best-known and most influential climate lawyers.
Tuesday also marked the first day of hearings in another consequential Dutch climate case.
Greenpeace butted heads with the Dutch government before the Court of the Hague in a challenge brought by the environmental NGO over the measures the government has implemented to reduce nitrogen emissions. Greenpeace argued that the Dutch government has violated its obligation under European Bird and Habitats Directives to avoid nitrogen-induced deterioration of the Netherlands’ most vulnerable natural areas.
Greenpeace is being advised by Dutch independent firm Prakken d’Oliveira, while Dutch independent firm Pels Rijcken is representing the Dutch government.
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