Dutch appeals court overturns landmark climate ruling against Shell

THE HAGUE, Netherlands — A Dutch appeals court on Tuesday overturned a landmark ruling that ordered vigor corporation Shell to cut its carbon emissions by net 45% by 2030 compared to 2019 levels, while saying that “protection against risky climate transformation is a human correct.”

The selection was a loss for the Dutch arm of environmental throng Friends of the Earth, which hailed the original 2021 ruling as a win 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 U.N. climate conference was entering its second day in Azerbaijan.

In a written summary of the ruling, the court said that Shell has a responsibility of worry to limit its emissions, but it annulled the lower court’s selection because it was “unable to establish that the social standard of worry entails an obligation for Shell to reduce its CO2 emissions by 45%, or some other percentage.

“There is currently insufficient consensus in climate science on a specific reduction percentage to which an person corporation like Shell should adhere.”

Presiding Judge Carla Joustra said that Shell already has targets for climate-warming carbon emissions that are in line with demands of Friends of the Earth — both for what it directly produces and for emissions produced by vigor the corporation purchase from others.

The court then ruled that “for Shell to reduce CO2 emissions caused by buyers of Shell products … by a particular percentage would be ineffective in this case. Shell could meet that obligation by ceasing to trade in the fuels it purchases from third parties. Other companies would then receive over that trade.”

Joustra said that, “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.”

“This hurts,” Friends of the Earth director in the Netherlands Donald Pols said. “At the same period, we view that this case has ensured that major polluters are not immune and has further stimulated the debate about their responsibility in combating risky climate transformation. That is why we continue to tackle major polluters, such as Shell.”

The firm welcomed the ruling.

“We are pleased with the court’s selection, which we depend is the correct one for the global vigor shift, the Netherlands and our corporation,” Shell plc Chief Executive Officer Wael Sawan said in a written statement. “Our target to become a net-zero emissions vigor business by 2050 remains at the heart of Shell’s way and is transforming our business.”

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