Into Reverse Gear - Shell v Milieudefensie and the Non-Regression Principle

Abstract

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.

Keywords

• Climate
• Climate Crisis
• Climate Liability
• Climate obligations
• Corporate Social Responsibility
• Europarecht