The Climate Intelligence Foundation (Clintel), well-known for its World Climate Declaration, has filed a motion to join “the climate case of the century” which has been filed by Friends of the Earth Ntherlands (Milieudefensie) against Shell. Last year, Milieudefensie won a judgment against oil and gas major Royal Dutch Shell. They used a unique Dutch legal procedure, a so-called ‘public interest action,’ in which an NGO may pursue legal claims in relation to environmental or social issues that affect every citizen.
Shell was ordered to reduce its emissions in 2030 by 45% compared to 2019. The verdict, which was declared immediately effective, applies to scope 1, 2 and 3 emissions. Scope 3 emissions are those of Shell’s customers around the world! Thus, the court’s judgment affects people everywhere, including in Australia, Canada, the United Kingdom and the United States. Shell decided to appeal, and the appeal procedure is currently pending before the Hague Court of Appeal.
The court’s revolutionary judgment left much to be desired. The science, citizens’ rights, democracy and the rule of law were not treated the way they should have been. Clintel therefore will intervene as a third party in the case to provide the missing facts and arguments to the Court of Appeal.
For instance, as Milieudefensie suggested, the court in first instance found that the Shell’s emissions threaten to cause ‘dangerous climate change,’ a term that even IPCC doesn’t use. Shell did not critique this concept, probably out of fear for its public image and reputation. On the basis of this finding, the court set aside the interest of citizens and energy users, misappropriated political power and bent the rule of law to impose corporate climate policy.
Clintel stands for rational, science-based, balanced climate policy that takes the interests of the environment, citizens and democracy into account. Our intervention in this case will set the record straight and restore balance.
Clintel is represented by Jurjen de Korte and Geert Wilts of OSK Advocaten, a first-rate law firm based in Amsterdam, The Netherlands. Clintel is also advised by Lucas Bergkamp, who is both a lawyer and medical doctor and has a wealth of experience in environmental law. Bergkamp has published widely on climate litigation in both professional journals and on popular blogs, such as RealClearEnergy and Judith Curry’s Climate Etc.