Press release: Friends of the Earth Netherlands submits legal summons in climate case against Shell
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.
Donald Pols, Director of Friends of the Earth Netherlands said, "Shell's directors still do not want to say goodbye to oil and gas. They would pull the world into the abyss. The judge can prevent this from happening"
In the court summons, Friends of the Earth Netherlands outlines why it is bringing this groundbreaking climate litigation case against Shell, highlighting the company's early knowledge of climate change and its own role in causing it. Despite acknowledging that the fossil fuel industry has a responsibility to act on climate change, and claimingto "strongly support" the Paris Agreement, Shell continues to lobby against climate policy and to invest billions in further oil and gas extraction. This is incompatible with global climate goals.
The 2018 Intergovernmental Panel on Climate Change report, a key piece of evidence in this case, underlines the importance of limiting global warming to 1.5 degrees for the protection of ecosystems and human lives, and outlines the devastating and potentially irreversible impacts of any "extra bit of warming".
The court summons proves that Shell's current climate ambitions do not guarantee any emissions reductions, but would in fact contribute to a huge overshoot of 1.5 degrees of global warming. The plaintiffs argue that Shell is violating its duty of care and threatening human rights by knowingly undermining the world's chances to stay below 1.5C.
In addition, the plaintiffs argue that Shell is violating Articles 2 and 8 of the European Convention on Human Rights: the right to life and the right to family life. In the historic Urgenda case against the Dutch state, the Dutch Appeals court created a precedent by ruling that a failure to achieve climate goals leads to human rights violations. The court ordered the Dutch state to cut its greenhouse gas emissions by at least 25% by the end of 2020.
Roger Cox, who initially represented Urgenda, is now leading Friends of the Earth's case against Shell. Roger said, "With its current policy, Shell is on a collision course with the Paris Agreement. It seems that Shell regards the climate damage it causes as a miserable but necessary evil. In this case the law shows that this easy-going attitude is no longer possible'
If successful the court case would rule that Shell must reduce its CO2emissions by 45% by 2030 compared to 2010 levels and to zero by 2050, in line with Climate Paris Accord. This would have major implications, requiring Shell to move away from fossil fuels.
Friends of the Earth International Climate Justice and Energy campaigner Sara Shaw said, "In leaked company documents from the 1990s Shell predicted that environmental organizations would start suing the company for causing climate change if it did not listen to the warnings of its own scientists. Well, that day has come. This rising tide of climate litigation will finally call climate wrecking corporations like Shell to account and stop them in their tracks."
Several lawsuits holding polluting companies to account for contributing to climate change exist globally. In 2016 a Peruvian farmer filed a lawsuit suing German coal company RWE for its contribution to glacier melt. In 2017 several American cities and states started climate cases against Shell, BP, ExxonMobil and Chevron. In 2018 a group of French organizations and municipalities initiated a potential climate case against Total.
For more information see:
Last year Friends of the Earth Netherlands launched the climate case with a liability statement sent to Shell:
Legal letter to Shell Wednesday 4 April 2018
Shell’s response to legal letter 28 May 2018
Shell rejects climate demands forcing court action Press release: 29 May 2018
Shell faces historic legal action in the Netherlands for its failure to act on climate change. Press release 4 April 2018
Read more about this subject
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.
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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.
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.
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Press release / 14 May 2017
The Dutch pension fund, ABP, invested about two billion euros more in the fossil energy industry at the end of 2016 than the year before. This is announced by the report "Dirty & Dangerous: the fossil fuel investments of Dutch pension fund ABP," published today by Both ENDS, German urgewald and Fossielvrij NL. The report criticizes these investments because of the impact on the climate and the catastrophic consequences for the people in the areas where coal, oil and gas are being produced.
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Despite climate agreements, the Netherlands supports the fossil sector with 7.6 billion euros a year
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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.
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.
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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.'
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Event / 10 March 2019
On Sunday the 10th of March 2019 Both ENDS will be taking part in what is expected to become the largest climate march in The Netherlands as of yet. The march is organised by Milieudefensie, Greenpeace, Oxfam Novib, FNV, De Goede Zaak and the Woonbond and supported by Both ENDS and a large number of diverse civil society organisations. Together, we demand a safe future for ourselves, our children and for all people whose lives have already been or will soon be made almost impossible because of the effects of climate change such as droughts, disease, floods or food shortages.
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.