Lawsuit Targets Shell’s Board of Directors Over Energy Transition Plans

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Original article by Dana Drugmand republished from DeSmog according to its republishing agreement.

Shell admits in internal documents it has “no immediate plans to move to a net-zero emissions portfolio.”

Series: CLIMATE CHANGE LAWSUITS

Exterior view of the Victorian Gothic arched doorways and windows of the pale stone Royal Courts of Justice building
The entrance to the Royal Courts of Justice in London, which houses the UK High Court. Credit: Derived from the original by Seth AndersonCC BY-NC-SA 2.0

Shell’s board of directors officially has been served with a world-first lawsuit aiming to hold its corporate directors personally liable for alleged mismanagement of climate risk. The lawsuit, filed Thursday by UK-based environmental law organization ClientEarth, contends that Shell’s strategy to address climate change and manage the energy transition fails to align with the objectives of the Paris Agreement and leaves the company in a vulnerable position as society shifts away from fossil fuels.

ClientEarth alleges that inadequate climate strategy by Shell and improper management by the board amounts to violations under the UK Companies Act. ClientEarth, itself a token shareholder in Shell, filed its case in the High Court of England and Wales in London and is suing the company’s 11 directors. Institutional investors with collective holdings of over 12 million shares in Shell are supporting the legal action, which comes on the heels of Shell reporting a record $40 billion in profits in 2022.

“Shell may be making record profits now due to the turmoil of the global energy market, but the writing is on the wall for fossil fuels long term,” ClientEarth senior lawyer Paul Benson said. “The shift to a low-carbon economy is not just inevitable, it’s already happening. Yet the Board is persisting with a transition strategy that is fundamentally flawed, leaving the company seriously exposed to the risks that climate change poses to Shell’s future success — despite the Board’s legal duty to manage those risks.”  

This is the first ever case targeting a company’s board over its handling of climate risk and alleged failure to prepare for the energy transition. As DeSmog previously reported, it is likely just the beginning of such litigation against corporate directors.

Climate Litigation Piling up Against Shell

ClientEarth initiated this new lawsuit last year when it gave notice to Shell’s board of its intention to sue and is the latest in a string of legal actions seeking to hold the oil major accountable for its alleged climate and environmental misdeeds. Earlier this month the environmental and corporate accountability group Global Witness lodged a greenwashing complaint with the U.S. Securities and Exchange Commission claiming that Shell was misleading investors and authorities on its renewable energy spending. 

That complaint came just days after more than 11,300 individuals and 17 institutions from the heavily polluted Nigerian community of Ogale sued Shell in the UK High Court, adding to existing legal claims filed in 2015 by 2,335 residents of the Nigerian community of Bille — bringing the total to over 13,000 people from the Niger Delta taking Shell to court. These claims are demanding damages from oil spills that have devastated the local communities and their environment.

A large white oil storage tank with the yellow and red Shell logo and a thick band of rainbow stripes around it
Shell’s Pernis refinery in the Netherlands. Credit: Steven LekCC BY-SA 4.0

And in May 2021 the Dutch chapter of Friends of the Earth, Milieudefensie, won a landmark climate court case against Shell claiming the company’s business was not aligned with the Paris Agreement’s goals and human rights obligations. The court ordered Shell to slash emissions across its entire supply chain by 45 percent by 2030. Shell is appealing the verdict and appears to be ignoring its duty to comply, as the company has publicly committed to reducing only part of its supply chain emissions — not those released from using their products — by 2030 while continuing to invest in new oil and gas development. 

According to ClientEarth, Shell’s board “has since rebuffed parts of the verdict, indicating that it is unreasonable and essentially incompatible with Shell’s business.” The case against Shell’s board of directors aims to compel the company to comply with the Dutch court verdict and with its legal obligations under the UK Companies Act. Additionally, Shell faces a raft of climate lawsuits in the U.S. brought by states and municipalities over its alleged deception and efforts to derail meaningful climate action despite advanced knowledge of climate risks decades ago.

In response to the new lawsuit targeting the company’s directors, Shell denied that it has acted improperly and said it would oppose ClientEarth’s efforts to pursue its claim through the court.

“We do not accept ClientEarth’s allegations. Our directors have complied with their legal duties and have, at all times, acted in the best interests of the company,” a Shell spokesperson said in an emailed statement.

“We believe our climate targets are aligned with the more ambitious goal of the Paris Agreement: to limit the increase in the global average temperature to 1.5°C above pre-industrial levels,” the spokesperson continued. “Our shareholders strongly support the progress we are making on our energy transition strategy, with 80% voting in favour of this strategy at our last Annual General Meeting. ClientEarth’s attempt, by means of a derivative claim, to overturn the board’s policy as approved by our shareholders has no merit.”

Telling a Different Story Inside Shell

While Shell claims to support the Paris Agreement and says it will achieve net zero emissions by 2050, internal corporate communications obtained through subpoena by a U.S. congressional committee suggest that the company has no intention to genuinely pursue these objectives.

According to documents released in September by the U.S. House Oversight Committee as part of its investigation into Big Oil and climate disinformation, Shell privately urged caution in communicating about the energy transition due to litigation risk.

In an internal company slide deck on messaging around the energy transition, Shell clarifies that the net zero emissions goal is a “collective” ambition and challenge for society and is not a Shell goal or target. The company states that it “has no immediate plans to move to a net-zero emissions portfolio over our investment horizon of 10-20 years.”

View the entire document with DocumentCloud

Shell further advised its employees to refrain from suggesting the company would take climate action that risked its fundamental business strategy, writing: “Please do not give the impression that Shell is willing to reduce carbon dioxide emissions to levels that do not make business sense.”

In ClientEarth’s view, the oil giant’s failure to advance its own transition to net zero will only harm the company in the long run. “Long term, it is in the best interests of the company, its employees and its shareholders — as well as the planet — for Shell to reduce its emissions harder and faster than the Board is currently planning,” Benson said.

The High Court will next decide if it grants permission for ClientEarth’s case to proceed.

Original article by Dana Drugmand republished from DeSmog according to its republishing agreement.

Continue ReadingLawsuit Targets Shell’s Board of Directors Over Energy Transition Plans

Climate Crisis Reality Check (2)

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The Paris Agreement 2015 is the latest international treaty on climate change.
  
Quoted from wikipedia 
 
...
The Paris Agreement's long-term temperature goal is to keep the rise in mean global temperature to well below 2 °C (3.6 °F) above pre-industrial levels, and preferably limit the increase to 1.5 °C (2.7 °F), recognizing that this would substantially reduce the effects of climate change. Emissions should be reduced as soon as possible and reach net-zero by the middle of the 21st century.[3] To stay below 1.5 °C of global warming, emissions need to be cut by roughly 50% by 2030. This is an aggregate of each country's nationally determined contributions. 
...
According to the 2020 United Nations Environment Programme (UNEP), with the current climate commitments of the Paris Agreement, global mean temperatures will likely rise by more than 3 °C by the end of the 21st century.
...
Countries determine themselves what contributions they should make to achieve the aims of the treaty. As such, these plans are called nationally determined contributions (NDCs).
...
In 2021, a study using a probabilistic model concluded that the rates of emissions reductions would have to increase by 80% beyond NDCs to likely meet the 2 °C upper target of the Paris Agreement, that the probabilities of major emitters meeting their NDCs without such an increase is very low. It estimated that with current trends the probability of staying below 2 °C of warming is 5% – and 26% if NDCs were met and continued post-2030 by all signatories.
...

The message from the above quotations is
1. The Paris Agreement is an attempt to limit climate change effects by keeping global mean (average) temperatures below 1.5C or 2C.
2. We are likely looking at global temperature rises between 2C and over 3C by the end of the century. 


We are currently at 1.1 or 1.2C global mean temperature above pre-industrial levels. There are extreme climate events now never mind at 1.5, 2 or over 3C. 

2022 saw record-breaking heat in UK while there were heatwaves and vast wildfires in North America, record-breaking temperatures and huge wildfires across France and Western Europe, huge drought followed by severe flooding in Pakistan, repeated flooding in Eastern Australia and currently East Africa is suffering the worst drought in decades.  

We are in a climate crisis at 1.2C. The crisis is now. 

The main cause of global warming is the use of fossil fuels. The best response to the climate crisis is to stop the use of fossil fuels as much as we possibly can and to transition to renewable sources of energy instead. This would also involve a programme of insulation to reduce the use of fossil fuels. 

Politicians worldwide are neglecting to address the climate crisis in any meaningful way. The protest group Just Stop Oil is calling for no new development of fossil fuels. Grant Shapps, UK's Secretary of State for Business, Energy and Industrial Strategy is so totally out of touch that he's not even familiar with Just Stop Oil's objectives: “I’ve no issue with people arguing for lower levels of petrol, gas or whatever other thing they want to campaign for usage, that is fine, that is one thing. But don’t go disrupting other people’s lives - it’s unacceptable, it’s illegal!”, the Business Secretary said.  

Young people particularly should get active opposing climate destruction because it's fekking their futures and otherwise they're just going to keep on getting totally disregarded, shat on. Extreme weather events at 1.2C are so serious, 3C may well lead to extinction and next to nothing is being done to prevent it.

Some links - try searching for your own e.g. extreme weather events 2022
https://en.wikipedia.org/wiki/Paris_Agreement
Met Office: Unprecedented extreme heatwave (UK), July 2022
Analysis: Africa’s unreported extreme weather in 2022 and climate change
Over 20,000 died in western Europe’s summer heatwaves, figures show

16/12/22 Climate Reality Check 2021


Continue ReadingClimate Crisis Reality Check (2)

United in Science: We are heading in the wrong direction

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United in Science: We are heading in the wrong direction Link contains a summary of the report’s findings

Geneva, 13 September 2022 (WMO) – Climate science is clear: we are heading in the wrong direction, according to a new multi-agency report coordinated by the World Meteorological Organization (WMO), which highlights the huge gap between aspirations and reality. Without much more ambitious action, the physical and socioeconomic impacts of climate change will be increasingly devastating, it warns.

The report, United in Science, shows that greenhouse gas concentrations continue to rise to record highs. Fossil fuel emission rates are now above pre-pandemic levels after a temporary drop due to lockdowns. The ambition of emissions reduction pledges for 2030 needs to be seven times higher to be in line with the 1.5 °C goal of the Paris Agreement

United_in_Science_2022_-_Antonio_Guterres_Quote_Card.png

The past seven years were the warmest on record. There is a 48% chance that, during at least one year in the next 5 years, the annual mean temperature will temporarily be 1.5°C higher than 1850-1900 average. As global warming increases, “tipping points” in the climate system can not be ruled out.

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Continue ReadingUnited in Science: We are heading in the wrong direction

Coming soon

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JSO, FPA, PJP protest London 23 July 2022. My pic, free to use.

I’ve not long got back from the Just Stop Oil, Fuel Poverty Action, Peace and Justice Project protest in London.

Coming soon a rethink by me of how to campaign effectively. Our planet is burning and it’s clear that the Paris Agreement goals were seriously wrong. The World’s climate is fekked now never mind 1.5C rise and there is no action from governments other than accelerating the destruction of out beautiful World. Please feel free to contribute and comment once it’s published.

ed: Forgot to say that I argued with Piers Corbyn while I was there.

23/7/22

Continue ReadingComing soon

COP26 News review day 11

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‘We are not on course’: scientists warn action must match words at Cop26

Scientists attending Cop26 have sent a clear warning to policymakers: get a move on, because every moment of delay, every extra fraction of a degree of global heating will have dire consequences.

That message has been reinforced at Glasgow with reports, forums and discussions, but those involved in channelling the science to the world’s leaders are frustrated that words are still not being matched by actions.

Peter Stott, a climate scientist at the Met Office’s Hadley Centre who has been attending Cops since 1998, said he was marginally more optimistic than he had been before the Glasgow summit. “I have mixed emotions. I feel relieved that things have started to move, but I am concerned about the speed,” he said. “The scientific message we have talked about for 25 years is being acted on. That is a vindication. We might be starting to turn the corner. But I feel a strong sense of anxiety I haven’t felt before. I want to see the policymakers get a move on. In the next two years we have got to cut emissions rapidly.”

Cop26 targets too weak to stop disaster, say Paris agreement architects

Current national plans – known as nationally determined contributions (NDCs) – would lead to 2.4C of heating, according to an influential analysis this week by Climate Action Tracker.

Countries are currently expected to return with better pledges in 2025, but many are now demanding the deadline should be brought forward. This is seen as the most closely fought area of disagreement as the UK hosts struggle to broker a deal.

“If that [five years] is the first time that countries are called to increase their ambitions, honestly that’s going to be too late,” said Figueres, founding partner of the Global Optimism thinktank.

COP26 aviation pledges ‘full of scams’, campaigners say

A COP26 declaration to cut aviation emissions is “full of scams”, environmental campaigners have warned.

The International Aviation ­Climate Ambition Coalition agreed to ­support measures to reduce the sector’s ­carbon emissions.

These included promoting the ­development of low-carbon aircraft, sustainable aviation fuels and carbon offsetting. It was signed by 20 countries ­including the UK, the US, France and Spain.

But Greenpeace is calling on ­European leaders not to support it, and urged them to ban short-haul flights and “massively invest” in rail instead.

Better public transport is the only way to cut carbon emissions, unions and campaigners urge

CREATING universal and comprehensive public transport is the only way to effectively cut carbon emissions from travel at home and abroad, unions and campaigners have said during Cop26.

Campaigners and politicians condemned the lack of consideration of rail, bus, ferry and cycle transport during proceedings at the summit today, where the focus was put on cars and planes instead.

Officials and delegates at the gathering in Glasgow made a number of announcements on transport, including on zero-emissions vehicles, so-called green shipping corridors, and on decarbonising air travel.

Tory Transport Secretary Grant Shapps said that travel, including aviation, should be “guilt-free.” He also said that the government did not see flying as “the ultimate evil,” after officials, including Prime Minister Boris Johnson, were condemned for using planes for short journeys during Cop26.

Continue ReadingCOP26 News review day 11