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.
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.
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.
Blog / 19 September 2019
Reward high-risk international business projects investing in a green future and stop support for the international fossil industry
The climate is 'hot'. Everyone is talking about it. 'Everyone needs to do something' calls the government in its recently started public campaign. Good plan. Let's really do something. For a start, we can stop supporting international trade in fossil energy by our own multinationals. That would free up 1.5 billion euros which we could use to combat climate change on an international scale and at the same time give our own innovative businesses a boost. Today's Vergeten Klimaattafel (Forgotten Climate Roundtable) will discuss the opportunities for the Netherlands to have a real impact. And those opportunities are enormous. Because our big money and our influence lie beyond our borders.
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.
News / 2 February 2020
The world has to stop using fossil fuels, but investment in the sector continues unabated. Investors of all kinds, including banks, insurance companies and pension funds, are hesitant about making the change to sustainable energy and are not sure where to start. In the autumn of 2019, together with the DivestInvest Network and Sustainable Energy (Denmark), Both ENDS published a report entitled ‘Managed Decline of Fossil Fuel Businesses’. The report describes five criteria to test whether companies in the fossil sector are actively taking steps to wind down their fossil activities. The criteria are helping investors to choose investments that are in line with the Paris goal of restricting global warming to a maximum of 1.5 degrees Celsius. We spoke to Lars Jensen, Senior Analyst at Sustainable Energy and lead author of the report.
Publication / 17 November 2019
Publication / 18 June 2017
Publication / 14 May 2017
Publication / 25 December 2015
In 2011 one of the world’s largest gas reserves was found in the coastal province of Cabo Delgado, in the north of Mozambique. A total of 35 billion dollars has been invested to extract the gas. Dozens of multinationals and financiers are involved in these rapid developments. It is very difficult for the people living in Cabo Delgado to exert influence on the plans and activities, while they experience the negative consequences. With the arrival of these companies, they are losing their land.
Event / 20 September 2019, 19:30
Last June, after months of negotiations in five different 'climate roundtables', the Dutch government presented its Climate Agreement . Negotiations had taken place in a roundtable for 'industry', for 'built environment', for 'electricity', 'mobility' and for 'agriculture and land use'. Climate measures that the Netherlands can take within its borders are pretty much covered by these climate roundtables. But the Netherlands also has a huge climate footprint outside its borders. It seems we have forgotten about the 'International' Climate Roundtable.
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.
Publication / 9 May 2018
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.
Publication / 9 May 2018
Almost two-thirds of the export credit insurances that Atradius DSB provided in the 2012-2018 period went to the fossil energy sector. That is contrary to the climate agreements that the Netherlands signed in Paris.
Press release / 18 November 2019
The Netherlands provides export credit insurances and guarantees worth 1.5 billion euros annually to Dutch companies active in the oil and gas sector abroad. This support amounts to one and a half times the annual amount that the Cabinet of Prime Minister Rutte mobilises for climate initiatives worldwide. The intended effects of Dutch international climate policy are more than offset by this fossil export support. That is the conclusion of a new report from Both ENDS which is published today.