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ARTICLE · 09 FEBRUARY 2022

Does Activist Litigation Help Or Hinder The Drive To Net Zero?

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

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The courts have always dealt with big issues and complex questions. But are the courts the right place to tackle perhaps the biggest issue of all?

United KingdomEnvironment

The courts have always dealt with big issues and complex questions. But are the courts the right place to tackle perhaps the biggest issue of all?

In recent times there have been a number of high profile court actions relating to climate change, leaving courts in various parts of the world grappling with this complex and difficult issue.

Friends of the Earth Netherlands sues Shell

Perhaps the most striking is the decision in the case brought by Friends of the Earth Netherlands and others. In 2019, oil major Shell was sued on the grounds that its contributions to climate change allegedly violated its duty of care under Dutch law and human rights obligations. Several other organisations joined Friends of the Earth as plaintiffs, along with more than 17,000 citizens. The plaintiffs sought a ruling from the court that Shell must reduce its carbon dioxide (CO2) emissions by 45% by 2030 compared to 2010 levels, and to zero by 2050, in line with the Paris Climate

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