An appeals court in The Hague has sided with oil giant Shell, overturning a landmark climate change decision that would have forced the company to drastically cut its greenhouse gas emissions.

“It can be said that any reduction in greenhouse gas emissions has a positive effect on combating climate change. However, that does not mean that a reduction obligation for Shell also has that effect, because such an obligation does not actually have to lead to a global reduction,” judge Carla Joustra said to the packed courtroom.

The three-judge panel found that while protecting people from the effects of climate change is a human right, forcing Shell to cut its emissions will not mitigate the global problem.

The case, brought by environmental campaign group Milieudefensie, helped pave the way for a string of other cases in which industry and government have faced legal action for endangering the public.

Milieudefensie said it was disappointed in the outcome but vowed to fight on. “This hurts. At the same time, we see that this case has ensured that major polluters are not immune and has further fueled the debate about their responsibility in combating dangerous climate change. That is why we will continue to tackle major polluters, such as Shell,” the group’s director Ronald Pols said in a statement.

He told reporters after the hearing that Milieudefensie would study the ruling before deciding on their next steps.

Shell was pleased with the outcome. “Our target to become a net-zero emissions energy business by 2050 remains at the heart of Shell’s strategy and is transforming our business,” the company’s CEO Wael Sawan said in a statement.

“This includes continuing our work to halve emissions from our operations by the end of 2030. We are making good progress in our strategy to deliver more value with less emissions.”

Serious threat

A lower court said in 2021 that the company’s carbon emissions pose a ‘very serious threat’ to residents of the Netherlands, and that the company has an ‘individual responsibility’ to reduce them.

The decision would have forced Shell to cut its carbon dioxide emissions by 45% net by the end of 2030, when compared with 2019. Shell appealed that decision.

Later on Tuesday, a lower court in The Hague will hold hearings in proceedings brought by Greenpeace to force the Dutch government to act to protect the environment from what it says is dangerous agricultural production.