Milieudefensie et al. v. Shell plc (No New Oil and Gas Fields Case)

In Apr. 2026, the Dutch environmental organization Milieudefensie initiated a second climate lawsuit against Shell plc before a Dutch court, seeking an order requiring Shell to stop developing new oil and gas fields and to progressively reduce its greenhouse gas emissions between 2030 and 2050. The case builds on the earlier Milieudefensie v. Shell litigation, in which the Hague Court of Appeal held in Nov. 2024 that Shell has an individual responsibility to contribute to the mitigation of dangerous climate change. The plaintiffs argue that there is “no room” within the remaining global carbon budget for the development of new oil and gas fields and that continued fossil fuel expansion risks creating a long-term “carbon lock-in,” delaying the energy transition and undermining the goals of the Paris Agreement. The summons relies extensively on climate science, including reports of the Intergovernmental Panel on Climate Change (IPCC), the International Energy Agency (IEA), and UNEP Emissions Gap Reports, as well as the 2025 advisory opinion of the International Court of Justice on climate change obligations. Milieudefensie bases its claims on Section 6:162 of the Dutch Civil Code, arguing that Shell’s conduct constitutes an unlawful act and breaches an unwritten duty of care under Dutch tort law. The plaintiffs invoke the Dutch doctrine of hazardous negligence, human rights protections under Articles 2 and 8 of the European Convention on Human Rights, the precautionary principle, the principle of common but differentiated responsibilities (CBDR), intergenerational equity, and customary international law. The summons also cites soft law instruments, including the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, to support the argument that companies have an independent responsibility to reduce Scope 1, 2, and 3 emissions in line with climate science. The plaintiffs contend that Shell has long known about the risks of climate change through its own internal research dating back to the 1980s, yet continued to obstruct climate action through lobbying and fossil fuel expansion. According to the summons, Shell has interests in approximately 700 undeveloped oil and gas fields worldwide and approved 32 new fields between May 2021 and Apr. 2025. The plaintiffs allege that 50–60% of Shell’s planned investments between 2023 and 2030 are directed toward fields that were not yet producing in 2024. Milieudefensie seeks several forms of relief. First, it requests an order requiring Shell to cease developing and bringing into production new oil and gas fields, including by preventing the transfer of undeveloped fields to third parties to circumvent the restriction. Second, the plaintiffs seek binding emissions reduction obligations for Shell’s Scope 1, 2, and 3 emissions, with interim reduction targets for 2035, 2040, and 2050. The principal demand relies on the IEA Net Zero Emissions advanced economies scenario and would require substantial reductions in oil- and gas-related emissions relative to 2022 levels. The plaintiffs also request that Shell be prohibited from meeting its reduction targets through carbon offsets or by divesting emitting assets. Shell reportedly responded to pre-litigation notices in 2025 and 2026, arguing that its current climate policies are sufficient and that litigation against individual companies is ineffective in addressing climate change. The plaintiffs reject this “effectiveness defense,” arguing that Dutch and comparative climate jurisprudence recognizes that individual actors can be required to contribute their fair share to addressing climate harms, regardless of the conduct of others.