In Conservation Law Foundation’s (CLF’s) citizen suit alleging that Shell defendants failed to prepare a bulk storage and fuel terminal in the Port of Providence (Providence Terminal) for the impacts of climate change, the federal district court for the District of Rhode Island granted in part and denied in part each side’s motion to compel discovery. The court ruled that Shell must provide factual responses to questions regarding the defendants’ “knowledge and intent in designing, constructing and operating the Terminal with regard to specified flood/storm risks,” rejecting the argument that the documents and admissions sought were more appropriate for expert discovery. The court also rejected the Shell defendants’ contention that requested documents related generally to climate change and not restricted to the Providence Terminal were not relevant. The found, however, that CLF’s request for admissions about what is “possible” called for “irrelevant speculation.” Regarding the Shell defendants’ requests for documents related to “CLF’s institutional knowledge, fundraising, advocacy and communications,” the court found that the discovery was not relevant to the claims and defenses in issue and that to the extent it was “peripherally relevant” was “hopelessly overbroad,” though the court left open that possibility that such information could be relevant and proportional in a different circumstance. The court said both CLF and the Shell defendants could not refuse to respond based on the purported vagueness of requests, finding that the parties must respond based on their reasonable understandings of the requests.

Citizen suit alleging that Shell Oil violated the Clean Water Act and the Resource Conservation and Recovery Act by failing to prepare a bulk storage and fuel terminal in Providence, Rhode Island, for climate change impacts.

Conservation Law Foundation, Inc. v. Shell Oil Products US

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Rhode Island Federal Court Said Discovery of General Climate Change Information Was Relevant in Adaptation Case Regarding Providence Terminal

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

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.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

Rhode Island Federal Court Said Discovery of General Climate Change Information Was Relevant in Adaptation Case Regarding Providence Terminal

Risk

Fossil fuel

Economic sector