15 November 2024
Into Reverse Gear
The recent Hague Court of Appeal judgment, in the appeal brought by Shell against the first instance decision in favour of the NGO Milieudefensie, held that Shell is legally obliged to reduce its scope 3 emissions, but did not order Shell to reduce them by 45%, or indeed any percentage. The judgment is likely to have a significant impact on climate change litigation against corporations beyond just the Netherlands. That impact will be all the greater if the losing parties, Milieudefensie and others, do not appeal. Continue reading >>
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15 November 2024
Towards a Bundle of Duties
This week’s decision in Shell v Milieudefensie from the Hague Court of Appeals seemed like a blow to climate litigation: Milieudefensie was ultimately unsuccessful in convincing the Court that it could transpose a global requirement for 45% emissions reductions by 2030 into an obligation for a particular actor. Yet, the Court of Appeals decision marks considerable progress in how we understand the civil liability of large Dutch economic actors for their contributions to climate change. Continue reading >>
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13 May 2023
The Local Case Against Climate Deception
Over the last five years, cities, counties, and states across the country have sued fossil fuel companies alleging that the companies violated state law in marketing their products as safe. Collectively, these cases are known as climate liability cases or climate deception cases. On April 24, the U.S. Supreme Court declined to hear a petition on whether the climate liability cases should be heard in state or federal court. As a result, 11 cases will be remanded to state court to move towards motions to dismiss, discovery, and trial. The Supreme Court’s decision also helps plaintiffs in more than a dozen other cases argue that their cases against fossil fuel companies should be heard in state court, rather than federal court, and it may help spur more state court filings. This is a big win for the city, county, and state plaintiffs, after they engaged in a five-year fight to keep the cases in state court. Continue reading >>
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