Translating climate science into legal standards: Lessons from the Milieudefensie v. Shell case

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Source: Science Magazine

Original: https://www.science.org/doi/abs/10.1126/science.adz4857?af=R...

Published: 2026-01-01T07:00:11Z

In 2021, the Court of Justice in The Hague ordered Shell to reduce its net CO2 emissions by 45% by 2030 compared to 2019 levels.[1][2][3] The reduction includes emissions from own operations (scope 1 and 2) and emissions from the use of its products (scope 3) in the entire energy portfolio.[1][3] The decision was declared executory, meaning that Shell must comply even during the appeal.[1][2] The court relied on the non-drinking duty of care according to the Dutch Civil Code and human rights from the European Convention.[2][3] The Court of Appeal in The Hague overturned the decision in 2024 because a specific reduction target for one company cannot be derived from international standards.[4][6] The article analyzes how the case transformed climate science into legal norms, including lessons from both the successful and the unsuccessful.[1][4] Milieudefensie launched a new lawsuit against Shell over new oil and gas fields and missing emissions reduction targets by 2050.[5]