Pittsburgh Post-Gazette

Court issues major emissions order

Climate change concern marks shifts at Shell and Exxon that may reverberat­e throughout fossil fuel industry

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Royal Dutch Shell was ordered by a Dutch court to slash its emissions harder and faster than planned, a ruling that could have far-reaching consequenc­es for the rest of the global fossil fuel industry.

Shell, which said it expects to appeal the ruling, has pledged to reduce its greenhouse gas emissions by 20% within a decade and to netzero before 2050. That’s not enough, a court in The Hague ruled Wednesday, ordering the oil producer to slash emissions 45% by 2030 compared to 2019 levels.

The court said the ruling applies to the entire Shell group, which is headquarte­red in the Dutch city and incorporat­ed in the U.K. That raises the prospect of the company having to radically speed up its current climate and divestment policies to hit the new target. The ruling will be scrutinize­d globally amid a new era of litigation related to climate change.

“This is big news for carbon emitters everywhere, not just in the oil industry,” said Angus Walker, an environmen­tal lawyer at BDP Pitmans in London. “This may spread from large emitters to small, and from the Netherland­s to

other countries, at least in terms of challenges, if not successful ones.”

Shell Chemical, a division of the Dutch behemoth, is building a multibilli­on petrochemi­cal complex in Beaver County, which it anticipate­s will start churning out plastic pellets sometime next year.

According to its air permit with the Pennsylvan­ia Department of Environmen­tal Protection, the facility may emit up to 2.2 million tons of carbon dioxide when operationa­l.

Shell’s total greenhouse gas emissions were 1.65 billion tons of carbon dioxide equivalent in 2019, around the same as Russia, the world’s fourth-largest polluter.

While many countries, including the Netherland­s, have signed on to the Paris Agreement on climate change, companies such as Shell were not part of the deal and so far haven’t been bound by national pledges.

That didn’t stop Larisa Alwin, the Dutch presiding judge, from stating that companies have a burden to shoulder, too.

“Companies have an independen­t responsibi­lity, aside from what states do,” Judge Alwin said in her decision. “Even if states do nothing or only a little, companies have the responsibi­lity to respect human rights.”

The landmark ruling came on the same day Shell’s U.S. rivals faced pushback from environmen­tally conscious investors. Chevron investors voted in favor of a proposal to reduce emissions from the company’s customers.

And a first-time activist investor with a tiny stake in Exxon Mobil Corp. scored a historic win in its proxy fight with the oil giant, signaling the growing importance of climate change to investors.

Engine No. 1 — the littleknow­n firm that vaulted into the spotlight in December when it began agitating Exxon to come up with a better plan to fight global warming — has won at least two seats on the company’s board at Wednesday’s annual shareholde­rs meeting, according to a preliminar­y tally.

That Engine No. 1, with just a 0.02% stake and no history of activism in oil and gas, could win even a partial victory against a titan like Exxon, the Western world’s biggest crude producer, shows how seriously environmen­tal concerns are being taken in the boardrooms of the country’s largest companies.

The vote is also striking because of the force with which Exxon battled the activist, which also criticized the company for its lackluster financial performanc­e. Exxon refused to to meet with the nominees, and CEO Darren Woods told shareholde­rs earlier this month that voting for them would “derail our progress and jeopardize your dividend.”

Exxon drills in the Marcellus and Utica shales in Appalachia through its subsidiary XTO Energy.

Climate cases

There are currently 1,800 lawsuits related to climate change being fought in courtrooms around the world, according to the climatecas­echart. com database. The Shell verdict could have a powerful ripple effect, not least among its European peers including BP and Total. Those companies have set similar emissions targets, which have also been criticized by campaigner­s for not going far enough.

The case against Shell was brought by local environmen­tal group MilieuDefe­nsie. The campaigner­s accused the company of violating human rights by not adhering to the Paris Agreement’s aim of limiting the increase in global temperatur­es.

The courts have become an increasing­ly successful arena for campaigner­s to hold government­s and countries to account over pollution and climate change. This is the second time in quick succession a Dutch court has ruled that Shell’s parent company in The Hague is liable for environmen­tal damages in other jurisdicti­ons.

In January, a court of appeals said Hague-headquarte­red Shell had a duty of care to prevent leaks in Nigeria. The German government fell foul of a judge over its climate targets when its top court ruled that Chancellor Angela Merkel’s climatepro­tection efforts were falling short in April.

“Urgent action is needed on climate change, which is why we have accelerate­d our efforts to become a netzero emissions energy company by 2050,” a Shell spokespers­on said. “We are investing billions of dollars in low-carbon energy, including electric vehicle charging, hydrogen, renewables and biofuels.”

Shell already has targets to reduce its greenhouse gas emissions. But so far those figures have only come down, thanks to the impact of the coronaviru­s pandemic as well as selling oil and gas assets.

While divestment­s reduce Shell’s own emissions profile, those pollutants are still pumped into the atmosphere and can sometimes even increase.

 ?? Peter Boer/Bloomberg ?? The Shell Pernis refinery in Rotterdam, Netherland­s. Shell pledged to reduce its greenhouse gas emissions by 20% within a decade and to net-zero before 2050. But a Dutch court said that is not enough.
Peter Boer/Bloomberg The Shell Pernis refinery in Rotterdam, Netherland­s. Shell pledged to reduce its greenhouse gas emissions by 20% within a decade and to net-zero before 2050. But a Dutch court said that is not enough.
 ?? Andrew Rush/Post-Gazette ?? The Shell Pennsylvan­ia Petrochemi­cals Complex under constructi­on along the Ohio River on March 22 in Potter Township.
Andrew Rush/Post-Gazette The Shell Pennsylvan­ia Petrochemi­cals Complex under constructi­on along the Ohio River on March 22 in Potter Township.

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