Oil and gas behemoth, Shell, has launched a four-day appeal against a landmark judicial decision in 2021, which required the company to slash its Co2 emissions by 45 per cent by 2030, and exert the utmost effort to diminish the emissions from its customers’ product usage. The judgment stirred anxiety amongst businesses across the European Union, who found themselves worrying about possible accusations of ‘posing a risk to the public’ should they neglect the ‘duty of care’ that the Dutch court pointed out they had towards mitigating the harmful effects of their customers’ emissions.
As the appeal commenced on a Tuesday morning, campaigners belonging to Milieudefensie, the Dutch environmental group that initiated the legal proceedings, held a subtly toned protest outside the court in The Hague. Donald Pols, Milieudefensie’s director, commented, “Shell attempt to shirk off their role in the destruction caused by climate change, but they cannot flee from the final judgments rendered in court. This company continuously puts up distractions, even as esteemed climate scientists caution daily that the requisite action needs more urgency than initially anticipated. There needs to be a drastic cut in emissions.”
Shell will attempt to counter that it should be the government’s task and not that of the judiciary to determine how greenhouse gas emissions should be managed at a national level. “We firmly disagree that a court verdict lodged against any single company is the appropriate means of facilitating the transition towards cleaner energy,” stated Frans Everts, the chief executive of Shell’s operations in the Netherlands.
Within the courtroom, Shell’s attorney, Daan Lunsingh Scheurleer voiced “This lawsuit lacks a legal foundation. In truth, it hampers the role that Shell could and seeks to fulfill in the energy transition — during which both oil and gas perform an paramount part in ensuring supply security and affordability.” Scheurleer also highlighted the significance of fossil fuels in the backdrop of the energy crisis triggered by Russia’s invasion of Ukraine, with governments desperately trying to boost liquefied natural gas imports and alleviate households from soaring prices. “A blanket order to slash total product emissions by 45 per cent from 2019 levels was extreme — and its broader application could debilitate the Dutch economy,” he added.
In a recent development, Milieudefensie’s legal representative, Roger Cox, has disputed claims, asserting the firm’s scientific foundation from its prior allegations has only “strengthened”. In support of this, he has presented 650 new pieces of evidence, including up-to-date climate science research and fresh expert testimonies. The district court of The Hague’s 2021 judgement is rooted in a Dutch legal premise from the 1965 “cellar hatch” lawsuit, where the supreme court established that the employer of the employee who left the disputed cellar hatch open, held a responsibility towards anyone who was subsequently harmed. The verdict of the appeal court is anticipated later this year.