by L. Bergkamp, Nov 14, 2024 in WUWT

On the 12th of November, the Hague Court of Appeal ruled in the “climate case of the century” that Milieudefensie (“FoE”) filed against Shell in 2019. FoE demands that Shell reduce emissions throughout the entire chain by at least 45% by 2030. The foundation “Man & Environment” (M&E) joined the case to represent the interests of Dutch citizens.

The Court of Appeal was not impressed by FoE’s “go green or go extinct” rhetoric and rejected its claims.  Nevertheless, the Court of Appeal’s ruling leaves much to be desired and did not eliminate the threat of activist NGOs launching climate cases to effect “system change,” i.e., set aside democracy, subordinate citizens and destroy the economy.

Climate science

Although M&M had offered strong rebuttals with expert reports, the Court of Appeal uncritically adopted many of FoE’s factual statements about the urgency and seriousness of the climate problem.  In doing so, the Court relied on the authority of the IPCC and the alleged “consensus” that would emerge from their reports, in particular the SPMs.

The Court not only took the IPCC reports as irrebuttable proof, but also attributed normative force to them. For example, the Court ruled that climate scientists have determined that the average temperature on earth may not rise by more than 1.5 degrees. In doing so, the Court, like the Dutch Supreme Court, ignored that science cannot set norms and that scientists are not authorized to set social standards. The Dutch judiciary’s scientistic tendency is extremely worrisome and does not bode well for future climate-related judgments.

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