Shell— one of the world’s largest oil and gas producers, based in the UK —is facing a historic legal challenge. Sixty-seven people, including survivors of Typhoon Rai in the Philippines, are suing the conglomerate. This legal challenge, filed at the Royal Courts of Justice in London, represents an important precedent. By holding one of the UK’s largest energy producers legally accountable for its claimed role in accelerating human-driven climate change, it would be the first of its kind.
The lawsuit comes in the wake of the crushing effects of Typhoon Rai, otherwise known as Odette. The intensity of this mighty storm was felt in the Philippines in December 2021. At the time, the tropical cyclone was the strongest storm to impact the area that year. It razed nearly 2,000 buildings and forced hundreds of thousands of residents to flee. The plaintiffs argue that Shell’s business has a substantial negative impact on climate change. This climate crisis exacerbates the conditions we build in, making terrible storms more frequent and more dangerous.
The legal team standing with the survivors has used the power of Philippine law, for that is where the harm was done. Since, as a corporation, Shell is domiciled in the UK, this will enable the case to be heard in British courts. This lawsuit represents an ongoing trend of increasing legal and regulatory attention focused on the central climate role played by large fossil fuel companies.
In recent years, Shell and other oil majors have come under fire for ‘greenwashing’ their public-facing environmental practices. In 2021 environmentalists scored a major victory when a Dutch court ordered the company to reduce its absolute carbon emissions by 45% by 2030. This order includes emissions produced from the use of its products. The current case represents a potential test for how UK courts will handle claims against oil and gas producers regarding their contributions to climate change.
Trixy Elle, a fish vendor from Batasan Island and one of the plaintiffs. She shared in detail how terrorizing survival story when Typhoon Rai struck. She painted a poignant picture of the desperate situation her community suffers and lambasted Shell’s profit motivated practices.
“Instead of changing their industry, they still do their business,” – Trixy Elle
So we felt that Elle’s compelling testimony was an excellent reminder of the real human cost behind climate change. Her testimony highlights the urgency expressed by those living through disasters they blame on corporate misconduct.
The new legal action against Shell is historic. If successful, it would set a precedent not only for Shell, but all other fossil fuel producers. While there have been similar cases filed against major oil and gas companies in the United States, many have struggled to prevail in court. According to legal experts, recent developments in both science and law should start to change that trend.
“It’s traditionally a high bar, but both the science and the law have lowered that bar significantly in recent years,” – Harj Narulla
Shell has previously referred to the lawsuit as “baseless.” They claim that it will not help them make significant progress on combating climate change or reducing emissions internationally. A company spokesperson added that the company is focused on making the transition to cleaner, more sustainable energy.
“This is a baseless claim, and it will not help tackle climate change or reduce emissions,” – Shell spokesperson
This case marks an incredible turning point for climate activism to exist within legal doorways. It highlights a growing wave of activism that is holding the fossil fuel industry accountable. Indigenous activist Trixy Elle expressed the desperation of people like her in her community who have suffered the effects of environmental racism for too long.
“So we have to swim in the middle of big waves, heavy rains, strong winds,” – Trixy Elle