Shell wins appeal against landmark Dutch climate ruling

November 12

A Dutch appeals court has overturned a landmark ruling that ordered energy company Shell to cut its carbon emissions by net 45 per cent by 2030 compared with 2019 levels.

The decision was a defeat for the Dutch arm of environmental group Friends of the Earth, which hailed the original 2021 ruling as a victory for the climate.

Tuesday’s civil ruling can be appealed to the Dutch Supreme Court.

The ruling upholding Shell’s appeal came as a 12-day UN climate conference was entering its second day in Azerbaijan.

Presiding Judge Carla Joustra said Shell already had targets for climate-warming carbon emissions that were in line with demands of Friends of the Earth – both for what it directly produced and for emissions produced by energy the company purchased from others.

She said an order for Shell to cut emissions by people and businesses who bought its products would be unlikely to have an effect as the products could be sold by another company.

“The court’s final judgment is that Friends of the Earth’s claims cannot be granted. The court therefore annuls the district court’s judgment,” Joustra said.

“This hurts,” Friends of the Earth director in the Netherlands Donald Pols said.

“At the same time, we see that this case has ensured that major polluters are not immune and has further stimulated the debate about their responsibility in combating dangerous climate change.

“That is why we continue to tackle major polluters, such as Shell.”

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