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The Courts

Dutch Court Rules Oil Giant Shell Must Cut Carbon Emissions By 45% By 2030 (cnbc.com) 175

A Dutch court on Wednesday ruled oil giant Royal Dutch Shell must reduce its carbon emissions by 45% by 2030 from 2019 levels. That's a much higher reduction than the company's current aim of lowering its emissions by 20% by 2030. CNBC reports: Shell's current climate strategy states that the company is aiming to become a net-zero emissions business by 2050, with the company setting a target of cutting its CO2 emissions by 45% by 2035. A spokesperson for Shell said the company "fully expect to appeal today's disappointing court decision." "We are investing billions of dollars in low-carbon energy, including electric vehicle charging, hydrogen, renewables and biofuels," the spokesperson said via email. "We want to grow demand for these products and scale up our new energy businesses even more quickly."

The lawsuit was filed in April 2019 by seven activist groups -- including Friends of the Earth and Greenpeace -- on behalf of 17,200 Dutch citizens. Court summons claimed Shell's business model "is endangering human rights and lives" by posing a threat to the goals laid out in the Paris Agreement. Roger Cox, a lawyer for environmental activists in the case, said in a statement that the ruling marked "a turning point in history" and could have major consequences for other big polluters.

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Dutch Court Rules Oil Giant Shell Must Cut Carbon Emissions By 45% By 2030

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  • Exxon too (Score:3, Informative)

    by AmiMoJo ( 196126 ) on Thursday May 27, 2021 @05:26AM (#61426990) Homepage Journal

    Meanwhile activists have managed to get onto the board of Exxon too.

    https://www3.nhk.or.jp/nhkworl... [nhk.or.jp]

    • Activists? (Score:5, Insightful)

      by k2r ( 255754 ) on Thursday May 27, 2021 @06:40AM (#61427100)

      just wondering why people who are trying to conserve the environment in a state that is fit for human life are activists, but people who are actively destroying the environment are conservatives.

      • Re:Activists? (Score:4, Insightful)

        by cascadingstylesheet ( 140919 ) on Thursday May 27, 2021 @07:08AM (#61427148) Journal

        just wondering why people who are trying to conserve the environment in a state that is fit for human life are activists, but people who are actively destroying the environment are conservatives.

        Congrats! Turns out that if you get to frame the whole argument and just assume your axioms, then you get to win every argument! (Inside your own head, anyway.)

        • Axioms are assumptions.

        • Re: (Score:3, Insightful)

          by rsilvergun ( 571051 )
          Outside of a few social issues or media has a right wing bias. That's why you see so much howling about the media having a left-wing bias. It's projection.
          • Outside of a few social issues or media has a right wing bias. That's why you see so much howling about the media having a left-wing bias. It's projection.

            LOL...oh man, thanks, I needed a good laugh in the morning.

            Seriously, were you able to actually type that with a straight face?

            :)

            • Re:Activists? (Score:4, Informative)

              by Freischutz ( 4776131 ) on Thursday May 27, 2021 @10:41AM (#61427932)

              Outside of a few social issues or media has a right wing bias. That's why you see so much howling about the media having a left-wing bias. It's projection.

              LOL...oh man, thanks, I needed a good laugh in the morning.

              Seriously, were you able to actually type that with a straight face?

              :)

              The thing about the US-American right wing is that compared to the right wing in other countries the US-American right wing is aligned with Fascist movements elsewhere. What you in the US call a 'left wing' is the vanilla right-wing in other countries. What you call the 'extreme radical left wing' is the centre right in other countries. America has no actual 'left wing' as the rest of the known universe defines it. The best you can do is cough up a few centre left-ish social democrats like Sanders and AOC. Whenever any of you American right-wing-nuts opens your mouth on Fox, One America News Network or NewsMax and calls Hillary Clinton a 'radical leftist' the entire rest of the planet laughs it's collective ass off. The most amusing thing about these networks like Fox, One America News Network and NewsMax is watching who their legion of pundits calls a 'leftist', 'extreme-leftist', 'extreme-radical-leftist', 'communist', 'socialist' and 'Marxist' whenever they open their mouths because they haven't a clue what those words mean. My favourite so far is 'trained Marxist'. So, apparently, there a Marxist training camp somewhere that trains 'Marxist Ninja Commandos'. It would therefore seem a matter of extreme urgency that the Republican party set up an academy to produce 'Trained Ninja Wing-Nut Commandos'. I don't think these remote courses in wing-nuttery offered by Fox, One America News Network and NewsMax are quite enough anymore. With the looming threat of 'trained Marxists' amateur hour is over!! The GOP needs regiments upon regiments of diploma carrying formally trained wing-nut commandos to remain competitive.

              • The thing about the US-American right wing is that compared to the right wing in other countries the US-American right wing is aligned with Fascist movements elsewhere. What you in the US call a 'left wing' is the vanilla right-wing in other countries. What you call the 'extreme radical left wing' is the centre right in other countries. America has no actual 'left wing' as the rest of the known universe defines it. The best you can do is cough up a few centre left-ish social democrats like Sanders and AOC. Whenever any of you American right-wing-nuts opens your mouth on Fox, One America News Network or NewsMax and calls Hillary Clinton a 'radical leftist' the entire rest of the planet laughs it's collective ass off. The most amusing thing about these networks like Fox, One America News Network and NewsMax is watching who their legion of pundits calls a 'leftist', 'extreme-leftist', 'extreme-radical-leftist', 'communist', 'socialist' and 'Marxist' whenever they open their mouths because they haven't a clue what those words mean. My favourite so far is 'trained Marxist'. So, apparently, there a Marxist training camp somewhere that trains 'Marxist Ninja Commandos'. It would therefore seem a matter of extreme urgency that the Republican party set up an academy to produce 'Trained Ninja Wing-Nut Commandos'. I don't think these remote courses in wing-nuttery offered by Fox, One America News Network and NewsMax are quite enough anymore. With the looming threat of 'trained Marxists' amateur hour is over!! The GOP needs regiments upon regiments of diploma carrying formally trained wing-nut commandos to remain competitive.

                This. You know how Americans like watching videoclips of people falling over, having accidents, doing stupid things, etc.? The rest of the civilised world watches US politics & news for the same reasons.

          • by gwills ( 3593013 )

            Outside of a few social issues or media has a right wing bias. That's why you see so much howling about the media having a left-wing bias. It's projection.

            Slashdoters are unable to GROK this comment. The IQ requirement is too high

        • by AmiMoJo ( 196126 )

          In this case though the language is accurate and answers the question. Conservatism is about preserving traditional ideas and ways, and as it happens many of those ideas and ways trash the environment.

      • but people who are actively destroying the environment are conservatives

        They're sometimes activists, too. [wikipedia.org]

        • by DRJlaw ( 946416 )

          They're sometimes activists, too.

          If if you have to reach back to awards granted by the East German government, you're pretty much identifying the exception that proves the rule.

        • I got a lot of environmentalism growing up from my Republican parents and grandparents and other Republican relatives. They just didn't call it "environmentalism". They called it "ain't no one gonna drill for oil on my land, dammit!", and "it's a shame there's so much litter", and "don't cut down too many trees, it's bad for the land", and so forth. Caring for the natural world used to be a conservative value, it was only those liberal money grubbers who wanted to strip mine and clear cut. But along the

      • by I75BJC ( 4590021 )
        Maybe it's your definition of "activist" and "conservative"

        "activist" can denote a person or persons who want Immediate and, therefore, disruptive change.

        "conservative" can denote a person or persons who want a slow/steady and, therefore, non-disruptive change.

        This is taught in the USA Government schools in the area of Civics.
      • Language is complicated! For example, in Australia the "Liberal" party is what much of the rest of the world would consider "conservative." Don't read too much into words happening to have shared roots.
        • The 'liberal' label in the USA was co-opted by the socialist/anarchist movement at the beginning of the 20th century. Following some bombings and assassination attempts, they had to rebrand. US Libertarians are closer to what the rest of the world calls liberal.
          • The socialist/anarchist movement in the US is essentially dead and unrelated to the current "liberal" label. Sure, there are a few socialists and anarchists around but not enough to make a movement, and they don't even like each other. I do know that there's a current talking point on the far right to label everybody on the left as socialist, marxist, anarchist, anythingist, because scaring the voter base is a good way to get more votes on your side.

      • just wondering why people who are trying to conserve the environment in a state that is fit for human life are activists, but people who are actively destroying the environment are conservatives.

        The question of activist vs non-activist is about motivations more than actions.

        In this context, people who are putting non-business concerns ahead of making money are activists, because businesses exist to make money (within the bounds of the law; organizations that don't care about the law don't need government charters and go by other names).

        If the people trying to influence Exxon in environmental directions are doing it because they think Exxon's business will do better if it acts in a more environm

    • It is likely that all of this bickering, whining, and consternation is moot. MIT has partnered with Commonwealth Fusion Systems to develop a Tokamak type reactor which is based upon new superconductors allowing extremely strong magnetic fields to exist in the reactor. This means that the size of the reactor can be reduced and the efficiency GREATLY increased. If they succeed, the world will have abundant non-polluting energy. The researchers say that their numbers are good. Should know results of the pr

    • by AmiMoJo ( 196126 )

      Why was this modded flamebait? Who finds the reporting of factual information from a reputable source so inflammatory?

    • Activitsts get on boards all the time. Normally they're non-political activists, meaning they're activists upset that the stock isn't as high as they like and then the generate a media campaign to get themselves on the board. I assume here that you mean "political activists", and presumably with an outlook that you disagree with? Of course, climate change shouldn't even be a political issue, but like so many things it is (including what "law and order" means, or whether people should have enough to eat, a

    • This actually makes far more sense than using the courts to punish a company following government regulations. Taking ownership of a company and changing its direction is a great but ultimately sane way to do it. As would be forcing the government to improve regulations.

  • In germany they made a similar verdict several weeks ago using high ranked paragraphs from the constitution that tend not to be used outside of emergencies and that the parliament cannot deflect without super-majority. Is this one of these cases?

    • by AmiMoJo ( 196126 ) on Thursday May 27, 2021 @05:37AM (#61427002) Homepage Journal

      It seems that the science is compelling enough to get important rulings now. It took a while but I'm glad this new legal avenue has opened up.

      • Game theory says forcing somthing like this on individual companies through national courts is a terrible fucking idea ... unless they aim to reduce emissions by cratering the Dutch economy.

        This should be done through the EU and using taxes and subsidies, not capricious justice which will just make companies flee the Netherlands.

        • by AmiMoJo ( 196126 )

          Well it affects all the other companies operating in the EU too, because they are not notice how that if they don't do basically the same thing they can be sued and forced to.

        • Citation needed.

        • You really think that "Royal Dutch Shell" is going to flee the Netherlands?

          • by Alcari ( 1017246 )
            No, but that has more to do with the incredible tax-benefits than any sense of nationalism.
        • Yes, Shell will be afraid of fines and run away.

          And leave all those lucrative natural gas deposits in the area.

          Yeah, ... no.

        • These legal battles are a bet that Shell can't (or won't) sell off their assets to foreign business and cash out shareholders, freeing up their capital to be used on something outside of the Dutch economy.

          If you turn up the heat on a business too quickly they can liquidate and hop away. But incremental changes usually trap business people susceptible to the sunk cost fallacy. Ultimately there is enough banking and regulation around a publicly traded company that escape from the government regulators is perh

      • It seems that the science is compelling enough to get important rulings now. It took a while but I'm glad this new legal avenue has opened up.

        TFA wasn't clear what the legal basis for the ruling was. Normally, you lose a case if you broke a law. What law did Shell break?

        I'm also curious about something I hear conflated. Are we talking about the emissions generated by Shell itself in the process of producing products (e.g. CO2 emitted at refineries or by driving tankers around) or the CO2 produced by burning the fuel Shell produced and sold to other parties? Anyone know?

        • by AmiMoJo ( 196126 )

          That's now how civil law works. You lose if you caused someone else a loss or harm. In this case both the loss and the harm are pretty clear.

    • IIRC, the German case was against the state. There have been a few similar cases in the Netherlands where a judge ruled that the state can be held to certain agreements they made (like the Paris accords). This case is against a corporation, and the verdict is a little odd to say the least. In essence, by setting specific targets, the judge is writing policy (something rightfully the domain of the legislative branch) rather than making sure that the company sticks to existing policy, and making sure that
  • That will cut down on emissions.
    • by AmiMoJo ( 196126 ) on Thursday May 27, 2021 @06:02AM (#61427040) Homepage Journal

      As part of its strategy Shell could invest in charging infrastructure. Shift its business model from fossil fuels to electricity supply. It has the capital to build the generation too, and the know how from off-shore oil extraction. The Dutch have some great offshore wind resources.

      Vehicle charging could be a great new source of revenue for many businesses.

      • Shell HAVE invested in charging infrastructure in the UK. Ask your favorite search engine about "Shell Recharge"
        • by Zocalo ( 252965 ) on Thursday May 27, 2021 @07:25AM (#61427182) Homepage
          Was going to mention the same thing, but I suspect there is at least some PR-based smoke and mirrors about how far along they are as well. We're looking at the imminent end of new petrol vehicle sales in the UK, yet Shell's TV ad (PR fluff piece, really) states they are only now working on their *first* all-electric service station. Sure, this may well be the first of its kind in the UK, and you'd absolutely want to have a prototype before any widescale deployment, but I suspect there are probably more charging points in supermarket forecourts run by dedicated charging providers than there are on the established petro-chem forecourts right now (although BP does run one of the larger such networks). Shell Recharge's own site claims that they have "over 100" charge stations deployed in the UK with a target of 200 by the end of this year, although they do have many more in Europe as a whole. That's not even three per *city*, let alone per town - most of which have at least one supermarket with at least two chargepoints apiece. I'm leaning more towards "lip service" and "too little, too late" at this point (and not just regarding Shell), so hopefully this will give a little more expediency to their efforts to support the inevitable rollout of electric vehicles, even though you just *know* they are also going to be lobbying to have those cut-off dates on petrol/diesel vehicle sales pushed back as far as possible.
          • The Shell Recharge App or Zap-Map will cut through the PR Fluff and you can see the actual locations of their chargers.
            The BP-Pulse App or Zap-Map will do the same for BP

            As for only having one charger at each site... There are various reasons for this. For BP, this is down to them buying an existing network. The same goes to a lesser extent for Shell but I do know that a recently built petrol station near me has the infrastructure already in place to put 10 150kW chargers i.e. and additional NINE as the mar

            • by Zocalo ( 252965 )
              Yeah, I already use Zap-Map; much better than the vendor specific apps that only show you one network (and maybe some affiliates/partners?), and you can also filter down to just those that you actually have a payment scheme setup for and have a compatible plug to help you find a point you can actually use - which is the other bug-bear I have with all this; network lock-in.

              I'm free to choose which forecourt I get my petrol from, yet I need a seperate app/login/payment scheme for most of the charging netwo
              • This will come when the charging companies implement ISO 15118. Fastned already do this at some sites as to Tesla. The VIN is transmitted to the charger and that identifies you to the company and your account. Plug and charge.

      • Who says that they aren't already doing this? I use the 'Shell Recharge' network pretty regularly. BP is also expanding its charging network rapidly.
        The nearest 50kW DC charger to me is a BP Pulse network charger. (1.2miles away)

    • by leonbev ( 111395 )

      I don't think that would have much impact... the nordic countries are ahead of us on vehicle electrification.

      They probably should think about moving their HQ (and it's massive tax revenue) to a country with less restrictions, though.

    • "That will cut down on emissions."

      Hardly, no such country exists.

  • by carmechanic314 ( 2580335 ) on Thursday May 27, 2021 @05:40AM (#61427014)
    So now Shell actually has to do what they have been promising. The green-washing dream has to become reality. That is, if Shell also looses the appeal they are going to make. Shell has been pretending to want to become greener for a long time, but it has never been convincing. A long time ago they used to own Shell Solar in Helmond (that was before 2000), but it didnt make enough money. They started selling green electricity from offshore wind, but stopped it seen after (2004) because it didnt make enough money. They participated in development of a solar farm at A59 in the Netherlands, but this year they've withdrawn from it this year, because it didnt make enough money. So the court ordering Shell to be less spoiled about the financial returns is a good thing.
  • Between stuff like this, the NOx emission limits and the standard European demographic problems things the Dutch economy is going to crash and burn. Greece of the North. The smart and industrious fractions of the population will flee to a less suicidal jurisdiction.

    • by Skinkie ( 815924 )
      The only thing Shell has to do in to find one of their "eco" patents, and exploit that. The question is: are they going to wait or be a front runner.
    • by thegarbz ( 1787294 ) on Thursday May 27, 2021 @06:54AM (#61427126)

      Or back in reality, they will building up industries and expertise of how to solve real world problems and will then get large international business as the "experts in their field."

      Something which has already happened when it comes to shipping, water management, and farming.

      There are movers and followers, and the first mover often has risk, but also has the opportunity for great reward.

  • What happens if they don't make it? They get banned from selling a drop of product in the Netherlands? Does a single judge have so much authority there? So if they know they are not going to make it, they just plan to move out over the next 9 years - no more investment in the country's infrastructure or its maintenance, just milk it till it dies or 2030 rolls around?

    • ..they are headquartered in The Netherlands, so they can be (most llikely) fined severely

      Theoretically they could be shut down, split up or many other things but it is unlikely ...

    • by Alcari ( 1017246 )

      Does a single judge have so much authority there?

      Yes. But Shell is absolutely going to bring this case to the Court of Appeals, and whoever loses the appeal will 100% certain go to the Supreme Court of the Netherlands and try for cassation.

      So if they know they are not going to make it, they just plan to move out over the next 9 years -

      Unlikely, since that would be illegal, leading to some very hefty fines and even jailtime for those deciding to ignore the verdict. And while they can, of course, leave the country, it seems VERY unlikely they can just pack up and take their refineries with them.

  • by thegarbz ( 1787294 ) on Thursday May 27, 2021 @06:57AM (#61427138)

    While I appreciate that companies are finally getting taken to task on externalising their environmental damage in the name of profits, I absolutely do not support the idea that a company can be held liable when they are following the environmental regulations of the country they operate in.

    Screw Shell for being a dirty oil company. Screw the courts even more for thinking they run the country. If you want to punish a company prove how they failed to meet the regulations imposed on them and if they don't get punished then sue the government to uphold the regulations.

    Activist bullshit needs to stop, and I highly suspect this will get swatted down on appeal.

    • by radja ( 58949 )

      courts do not run the country. The right wing government does. All the courts did was uphold the law.

      • Centre Right led coalition government ...

      • All the courts did was uphold the law.

        Not really. The case rested on tort law as an affect on people and also human rights. The basis for the tort claim was the Paris agreement to which Shell as a private company is not a signatory and has no obligations to meet. It's a governments role to meet the obligations and the government through their regulation can choose how to divide pollution up as they want.

        Now if the people were suing the government they may have a case, but make no mistake this will quickly get thrown out on appeal (especially in

    • by Alcari ( 1017246 )

      I absolutely do not support the idea that a company can be held liable when they are following the environmental regulations of the country they operate in.

      This has nothing to do with environmental regulations though. The outcome is based on the fact that RDS is violation articles 2 and 8 of the ECHR. The case argues that there is need for non-state action in reducing CO2 output, to prevent irreperable harm caused by climate change, and that by not reducing CO2, Shell is thus causing incredible harm and violating the human rights of every person in the world.

      This is basically a carry-over from a recent court case against the Dutch Government which was ruled

      • Except it is, because the basis for the cited action was referenced to the paris climate agreement, an agreement to which Shell is not a signatory and to which the government is wholly responsible to meet, and the government has the right to divide up emissions.

        This will get overturned very quickly on standing since it's ultimately the government's job to ensure human rights are upheld through regulation.

    • by AmiMoJo ( 196126 )

      This kind of appeal to authority doesn't tend to work very well in court. The most famous example would be soldiers who commit war crimes and claim they were only following orders. Tobacco companies too, the law said their products were fine but they knew that they were not.

      Also you have to keep in mind that these companies often lobby intensively to water down any regulations. It's important that citizens can fight back against that via the courts.

  • "We're investing billions of dollars! We're actively doing our best!" Okay, so what do you care if they've moved the timeline up on you? Either you're not investing as much as you say you are, or you're going to meet this target if you're really trying.

    At this point, it's a bit baffling why companies insist on being behind the times instead of at the forefront. Like, if you're investing in all this stuff, you're still actually pretty early to market. Go hard; it's obvious to see which way the wind is blowin

  • From the WSJ: https://www.wsj.com/articles/s... [wsj.com]
    "The court said that Shell wasn’t in breach of its obligation to reduce carbon emissions, but that there was an “imminent breach” and therefore set the reduction requirement. It said its ruling covered the emissions of the company’s own operations and also those of its suppliers and customers.

    The court didn’t stipulate how the ordered reductions should be met, or how it might monitor or enforce its ruling."

    So, the court found them

    • by radja ( 58949 )

      No. Nobody is being ordered to reduce their personal emissions. This verdict applies to Shell, and to Shell only.

      • No. Nobody is being ordered to reduce their personal emissions. This verdict applies to Shell, and to Shell only.

        You are correct, I am misreading it.
        But how do you hold Shell accountable for the "emissions of the company’s suppliers and customers."

        Suppliers could be providers of anything at all, from drilling rigs to toilet paper.
        Oil is a global market, so customers could be anything, including the US Military.

        None of these actors owe Dutch Shell an accounting for their actions

    • It said its ruling covered the emissions of the company’s own operations and also those of its suppliers and customers.

      I'm one of those customers as I use Shell gasoline exclusively. What does the court expect Shell to do about its customers? Force me to switch to Esso (Exxon)?

      I could do that, but I'd rather continue to support Shell while they appeal. If they lose I will be happy to ditch anything Dutch.

  • They'll comply with the court order by creating whatever subsidiaries and spinoffs are needed and transferring the requisite assets and businesses to those in exchange for ownership shares.

  • ... the emissions of downstream customers? If so, then I can consider my carbon emission obligations to be taken care of by Shell when I jump in my petrol burning shitbox?

    • The court is saying so, yes. The CO2 emissions of the products they sell is also included.

      The obvious problem with this is that, as was mentioned above, Shell will simply divest itself of high-carbon properties and exit the country. Or worst, if somehow that can't be done, it will just outright sell them to a Chinese or other foreign firm that isn't subject to this court order.

      This is inevitable. Because it's like a court ordering a gun manufacturer to only sell guns that can't kill anything. Kind of an oxy

    • When oil and gas companies measure their greenhouse gas emissions, it NEVER includes the emissions from the burning of their product.

      It refers only tho the emissions of their OPERATIONS.

      It would surprise me if these operations emissions amounted to more than about 5% (10% at most) of the downstream emissions from the use of their product.

      So, let's say, a 45% reduction of 5% of the total emissions the company extracts from the ground and enables means a 2.25% reduction of emissions.

      That's why I say this is m
  • At last, the Double Dutch sandwich will be useful to the world!

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