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Dutch climate group Milieudefensie (Friends of the Earth Netherlands) has pledged to launch a second legal case against Shell, aiming to block the company’s development of hundreds of new oil and gas projects. Last year, Shell was successful in its bid to overturn a landmark ruling that had required a 45% emissions reduction in a case brought by the NGO. It subsequently appealed,a final decision remains pending from the Netherlands' supreme court. Milieudefensie argues Shell remains committed to fossil fuel expansion despite climate warnings and now seeks a total ban on new developments rather than just emissions targets. (The Guardian)
Why does this matter? The potential lawsuit is the latest in Shell’s clashes with climate activists. In 2023, the energy giant blocked a Client Earth lawsuit in London’s high court, while in 2024 it settled for $2.1m with Greenpeace after campaigners boarded an oil rig during a peaceful protest. In November, Scotland’s Court of Session overturned the UK government's approval for Shell’s Jackdaw gas field in the North Sea due to unaccounted downstream emissions following a challenge by Greenpeace and Uplift. It will need to reapply before extraction can take place.
Milieudefensie’s new case draws on a legal argument highlighted by appeal court judges when they ruled against the NGO last year. While the court acknowledged that companies could be required to take environmental measures exceeding existing legislation, it deemed mandating a precise percentage reduction in emissions unrealistic. Milieudefensie contends that this reasoning indicates the outcome might have differed had the original case sought to ban new oil and gas developments rather than impose emissions targets.
In its letter to Shell, Milieudefensie stated that it believes the company has breached its legal duty of care under Dutch law by failing to significantly cut its fossil fuel investments and not setting an acceptable climate strategy. The NGO also pointed out that since the 2021 ruling, Shell has invested in 32 new oil and gas fields, while research conducted in collaboration with Global Witness revealed that another 700 oil and gas projects were in its pipeline.
Milieudefensie argues that if Shell proceeds with its current plans, its product branch emissions would be higher by 2030 than in 2022. If Shell ceased new oil and gas field developments as of April 2025, 5.2 billion mt of CO2 emissions could be prevented, the NGO added. Its new case will also seek an order for Shell to set emission reduction targets for 2030-2050 in alignment with the Paris Agreement’s goal of limiting global warming to 1.5C.
However, advancing the case may come with legal hurdles. Since the 2021 ruling, Shell has moved its headquarters from The Hague to the UK, raising questions about the Dutch courts’ ability to enforce rulings on Shell’s overseas operations. Nevertheless, Milieudefensie’s lawyer, Roger Cox, maintains that Dutch jurisdiction applies, as Shell remains registered in the Netherlands and the harm affects Dutch society. He added that a favourable ruling could be enforced through international treaties. Meanwhile, Sjoukje van Oosterhout, head of research at Milieudefensie, suggested that such a ruling would have significant consequences for Shell and send a “very clear signal” to governments, financial institutions and insurers.
In response to Milieudefensie’s announcement, a Shell spokesperson told Energy Voice that the company is reviewing the letter, adding that no lawsuit has been filed. “We agree that urgent action is needed to address climate change. Shell is contributing to the energy transition by meeting today’s energy needs while helping to build a cleaner future,” the spokesperson said. They added that Milieudefensie’s demands would not support the transition, which requires coordinated efforts from governments, businesses and consumers to ensure affordable, low-carbon energy.