Dutch appeals court overturns landmark climate ruling against Shell

THE HAGUE, Netherlands (AP) — A Dutch appeals court on Tuesday overturned a landmark ruling that ordered energy company Shell to cut its carbon emissions by net 45% by 2030 compared to 2019 levels.

The decision was a defeat for the Dutch arm of environmental group Friends of the Earth, which hailed the original 2021 ruling as a victory 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.

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 energy the company purchase from others. And she added that an order for Shell to cut emissions by people and businesses who buy its products would be unlikely to have an effect as the products could be sold by another company.

“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,” Joustra said.

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