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

Filing Year For Action

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.  

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

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

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

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance