Currents - Energy Industry Insights, Volume 6, Issue 4

Shell’s Board of Directors Sued for ‘Failing to Properly Prepare’ for the Energy Transition -

"It argues the board’s failure to implement a climate strategy that truly aligns with the landmark Paris Agreement is a breach of their duties under English law."

Why this is important: This lawsuit is unique in that it combines multiple strategies for challenging corporate action on climate change in a single legal action. First, it is brought by actual shareholders of the company instead of by third parties. Second, the plaintiffs not only named the corporation as a defendant, but also named the individual members of its board of directors. Third, it was brought pursuant to English law instead of under United States law. Finally, it is attempting to hold private companies liable for violating the Paris Accord, which is arguably a non-binding agreement entered into by nation states. Whether, and to what extent, these legal strategies are successful will have a significant impact on future climate change litigation.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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