Dutch Court Overturns Landmark Case Regarding Climate Emissions and Sides with Energy Giant Shell

Dutch Appeals Court ruled that Shell does not have to reduce emissions by 45 percent, overruling the previous case (Flickr).

A Dutch Appeals Court overturned on appeal a landmark ruling that mandated that energy giant Shell cut its climate emissions on November 2. The previous ruling, brought against Shell by climate activists, held that Shell’s 2030 emissions levels needed to be 45 percent lower than its 2019 level

A Dutch district court issued the original ruling in 2021, which was the first to dictate that a private company must reduce emissions. This was then appealed and overruled. Shell’s Chief Executive Officer welcomed the ruling and said, “we are pleased with the court’s decision, which we believe is the right one for the global energy transition, the Netherlands and our company.”

While the ruling said “protection against dangerous climate change is a human right,” The Hague Court of Appeals maintained that the previous ruling was wrong. The ruling stated, “there is currently insufficient consensus in climate science on a specific reduction percentage to which an individual company like Shell should adhere.”

Since 1854, Shell has released 36,528 million tons of carbon dioxide into the atmosphere, accounting for 2.1 percent of total global emissions, according to the Carbon Majors Database.

However, the Court acknowledged Shell’s plan to halve emissions by 2030 and argued that if Shell decreases its sale of fuel, another company might step in to fill the gap. “On balance, no reduction in CO2 emissions would be achieved,” the court added.

The Court also rejected the argument of Milieudefensie (Friends of the Earth Netherlands), saying that while some responsibility to reduce emissions lies with energy giants like Shell, most of it is the government’s. It also ruled that Milieudefensie would have to pay for the cost of the legal proceedings. 

Donald Pols, Director of Milieudefensie, said, “it is a setback for us, for the climate movement, and for millions of people around the world who worry about their future. But if there’s one thing to know about us, it’s that we don’t give up.” It remains to be seen how the ruling, which can be appealed to the Supreme Court, would impact future cases.