The Climate lawsuit against Shell
Both ENDS is co-plaintiff in the climate lawsuit being brought by Milieudefensie (Friends of the Earth The Netherlands) against Shell to stop the company from causing harm to the climate. Shell has known about the severity of the climate problem for many years but continues with the climate-polluting extraction of oil and gas. By doing so, it undermines efforts to achieve the climate goals. Companies have a responsibility not to cause serious harm to society and the climate. Because Shell refuses to take that responsibility itself, we are taking the company to court. In brief, we demand that Shell has zero greenhouse gas emissions by 2050 and adapts its activities to be fully aligned with the climate goals in the Paris Agreement.
Logical step for Both ENDS
It is a logical step for Both ENDS to be co-plaintiff as we have been working together with local environmental and other organisations in developing countries for many decades to combat the consequences of the activities of Shell and other fossil industry businesses for people around the world. We are not demanding compensation, but that Shell changes its course to help prevent climate change. We also hope that this case will lead to changes not only at Shell but also at other oil and gas companies that stand in the way of the energy transition.
Both ENDS’ added value over most of the other co-plaintiffs lies mainly in the link between global climate change, its impact on nature and the environment worldwide and its unprecedented impact on poor people in poor countries. We connect climate change to the Netherlands’ goals for combatting poverty around the world, such as the Sustainable Development Goals.
Pollution, destruction and climate change
A company such as Shell harms people in the countries where it is active in two ways. Firstly the consequences of climate change, to which the use of Shell’s products makes a significant contribution, disproportionately affect people in developing countries. Secondly the extraction of fossil fuels destroys ecosystems on a large scale, which not only causes more climate change but also seriously erodes the livelihoods of local populations: water sources become polluted and agriculture or fishing encounter severe obstacles. Our decision to become co-plaintiffs in this case is therefore based on our duty towards all people who suffer the impact of climate change on a daily basis.
Investing in fossil fuels is short-term thinking
Climate change and climate policy have always been and continue to be a major theme in our work, primarily because we focus mainly on the poorest and most vulnerable groups in countries in the global South. They suffer most from the consequences of climate change, while they have contributed to it the least. It has been agreed worldwide that emissions of CO2 must be reduced radically to restrict global warming to 1.5 degrees. The main condition for achieving that is to prevent new emissions from greenhouse gasses by keeping fossil reserves ’under the ground’. To stay on track with the Paris Agreement, it is therefore very irresponsible to continue extracting and exploiting new oil and gas fields and building the required infrastructure, as Shell continues to do. And yet Shell persuades the governments of countries with fossil reserves to invest in this sector. As these investments cannot be recovered if we want to take climate goals seriously, investing in sustainable energy should get the highest priority.
Invest in renewable instead of fossil energy
In Mozambique and Tanzania, both extremely poor countries, Shell is involved in developing one of the largest gas fields in the world for the international market. The poorest groups are affected the most by these projects; their local environment is being destroyed and the land and water polluted, they are often forced to relocate and do not share in the gas profits with which Shell tempts their governments. By continuing to invest in the fossil sector rather than in sustainable energy, these countries risk becoming highly dependent on export to foreign countries and lagging behind in their own development.
In the 30 years during which, together with partner organisations around the whole world, we have fought for climate action, we have seen that nothing has changed in the daily practice of the fossil industry. Even worse, the sector has done everything possible to prevent positive changes. There are very few restrictions on the fossil fuel sector searching for new oil and gas fields and it can make use of a wide variety of financial and other government support without having to account for its role in global warming. In the meantime increasingly large groups of people are suffering the consequences of rising global temperatures so much that they can hardly lead their lives. In our opinion, therefore, taking legal action is necessary to compel companies such as Shell to take real action and we are pleased to be co-plaintiff in this case.
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Pension funds have a lot of influence because of their enormous assets. Both ENDS therefore wants pension funds such as the Dutch ABP to withdraw their investments from the fossil industry and to invest sustainably instead.
In 2015, the member states of the United Nations committed themselves to the ambitious Sustainable Development Goals (SDGs). Unlike their predecessors, the Millennium Development Goals (MDGs), the SDGs recognise the importance of equality within and between countries, of decision-making processes in which all people are included and heard, and of legal systems that are independent and accessible to all.
Two-thirds of the export credit insurances that Atradius DSB provided in the 2012-2015 period went to the fossil energy sector. That is contrary to the climate agreements that the Netherlands signed in Paris.
News / 30 July 2019
The European Investment Bank (EIB) has published its new policy for energy investments. In the new draft policy, the bank states to stop investing in fossil fuel related projects from 2020. This is good news for the climate, so Both ENDS and partners are happy with this draft policy. The shareholders of the bank, the member states of the European Union, still have to approve it.
Blog / 24 June 2019
The European Investment Bank EIB should get rid of its gas-investments, and the Netherlands can take the lead in this. The Netherlands appears to be relying less and less on gas in its energy policy, and also seems to focus on gas-free investments at the EIB. Now it is important to maintain this position and also convince the other EU countries.
Press release / 7 May 2019
Brussels, 7 May 2019 - In an unprecedented Climate Action Call published today, a broad coalition is urging European leaders to take decisive action to respond to the climate emergency. Hundreds of European cities, regions, businesses, youth and faith groups and civil society organisations working on climate, human rights, litigation, mobilization, sports and health call upon leaders to profoundly alter the way we run our societies and economies to limit temperature rise to 1.5°C.
News / 1 May 2019
Amsterdam 1 May 2019 - Dutch pension fund ABP's 'sustainable and responsible investment report’ today suggests that the pension fund is well on track in terms attaining its internal sustainability goals. However, an analysis by Fossielvrij NL, Both ENDS, urgewald and Greenpeace shows that ABP remains on a collision course with the Paris climate goals. At the end of 2018, ABP still invested 16.5 billion Euros in the fossil industry. ABP's investments in the world's 44 largest climate polluters even increased between 2016 and 2018.
News / 12 April 2019
We asked three of our partner organisations to tell us how climate change is already affecting the daily lives of the people they work with, what they are doing to turn the tide and if they think the Climate Court Case against Shell can be important in the context of climate change. Sara Crespo Suarez of our Bolivian partner Probioma explains how the effects are already being felt in her country.
Press release / 5 April 2019
The Hague, April 5, 2019 - Today Friends of the Earth Netherlands will deliver a court summons to Shell to legally compel the company to cease its destruction of the climate, on behalf of more than 30,000 people from 70 countries. A 236 page complaint will be delivered to Shell's International Headquarters in the Hague this afternoon by Friends of the Earth Netherlands, ActionAid NL, Both ENDS, Fossielvrij NL, Greenpeace NL,Young Friends of the Earth NL, Waddenvereniging and a large group of co-plaintiffs.
News / 21 March 2019
We asked three of our partner organisations to tell us how climate change is already affecting the daily lives of the people they work with, what they are doing to turn the tide and if they think the Climate Court Case against Shell can be important in the context of climate change. Jahin Shams Sakkhar of UTTARAN (Bangladesh) talks about floods, salinity and (in)justice.
News / 19 March 2019
We asked three of our partner organisations to tell us how climate change is already affecting the daily lives of the people they work with, what they are doing to turn the tide and if they think the Climate Court Case against Shell can be important in the context of climate change. Ana di Pangracio, working for FARN (Argentina) tells us about climate threats to large wetlands, while these same wetlands are crucial in mitigating global climate change.
Press release / 12 February 2019
Amsterdam, 12 February 2019 - Fossil fuel giant Royal Dutch Shell is facing legal action from environmental and human rights organisations if it fails to align its growth plans with global climate goals aimed at averting catastrophic global warming.
News / 8 November 2018
Every 10 years, the mandate and activities of 'Export Development Canada' (EDC), the Canadian export credit agency, are reviewed. Since the last review took place in 2008, another review is currently underway. Both ENDS and a couple of other CSOs working from a number of countries made a joint submission as formal input to the legislative review. We did this especially in light of the Canadian governments' ambition to show leadership on climate change and to prioritise climate change action and clean economic growth.
News / 7 October 2018
We are very proud that our director Daniëlle Hirsch has been included again in the ‘Sustainable 100’ (an annual ranking list published by Dutch newspaper Trouw), and has gone up more than 40 spots compared to last year! Danielle was included in the list because of the many things she does with her organisation as a whole, but she got the higher ranking for the way she combines her criticism of the destructive role of the Netherlands as a trading nation and large cause of CO2 emissions in the world (often supported by the Dutch government), with a constructive attitude when it comes to finding alternatives and solutions.
External link / 31 May 2018
In 2017 Both ENDS stepped up its efforts to stop the Dutch government from supporting the fossil fuel industry. Phasing out fossil fuels is key to achieving the goals set in the Paris Climate Agreement. To Both ENDS, there is another reason: fossil fuel-related projects often have disastrous effects for the poorest people in the Global South.
Publication / 9 May 2018
Press release / 9 May 2018
New research by Both ENDS, Fossielvrij NL and urgewald shows that, in 2017, pension fund ABP invested 500 million euros more in coal, oil and gas than in the previous year – a total of 10.9 billion euros. These investments in fossil fuels not only stand in sharp contrast to ABP's claim that it has achieved substantial successes in its climate policy, but are also in flagrant violation of the Paris climate agreement. Unlike international forerunners among pension funds, ABP continues unabated to invest in the fossil energy sector.
Publication / 9 May 2018
News / 11 December 2017
Yesterday, the French President Macron, the President of the World Bank Group, Jim Yong Kim, and the Secretary-General of the United Nations, António Guterres, met with international leaders and committed citizens from around the world in Paris. According to the organisers, the aim of this gathering was to 'address the ecological emergency for our planet' as 'two years to the day after the historic Paris Agreement, it is time for concrete action.'
Press release / 27 September 2017
Despite climate agreements, the Netherlands supports the fossil sector with 7.6 billion euros a year
Although outgoing economics minister Henk Kamp stated in May of this year that fossil fuels are not subsidised in the Netherlands, a report out today shows that this is clearly not the case. The report. ‘Phase-Out 2020: Monitoring Europe’s fossil fuel subsidies’, by the Overseas Development Institute (ODI) and Climate Action Network Europe (CAN-Europe), says that the Netherlands is supporting the fossil sector at home and abroad with more than 7.6 billion euros a year (1). The Netherlands made international agreements as long ago as 2009 (2) to ban subsidies for fossil fuels. Environment NGO Milieudefensie and Both ENDS – both members of CAN-Europe – call attention to these findings because they find it unacceptable that the government perpetuates our dependence on fossil fuels in this way.