ClientEarth is not only a nonprofit environmental law organization — it has also been a shareholder in the Shell oil company since 2016. Now, ClientEarth is suing Shell’s 13 directors and holding them personally and legally responsible for failing to devise a strategy to prepare the company for net zero emissions.
Excerpt from this story from EcoWatch:
ClientEarth is not only a nonprofit environmental law organization — it has also been a shareholder in the Shell oil company since 2016. Now, ClientEarth is suing Shell’s 13 directors and holding them personally and legally responsible for failing to devise a strategy to prepare the company for net zero emissions, which it says is a breach of their duties under the UK Companies Act.
The Companies Act requires that directors exercise reasonable care, skill and diligence and act in a way that would be most likely to promote the company’s success “for the benefit of its members as a whole.”
If the lawsuit succeeds, Shell’s board of directors could be forced to take specific steps to be in alignment with the 2015 Paris agreement, which has a goal of limiting global heating to less than two degrees Celsius by cutting fossil fuel emissions, reported The Guardian.
“Shell is seriously exposed to the physical and transitional risks of climate change, yet its climate plan is fundamentally flawed,” said Paul Benson, a lawyer for ClientEarth, as Fortune reported. Benson went on to say that if Shell is promising to adhere to the Paris agreement but not actually doing so, “then there is a risk of misleading investors and the market at large.”
According to Fortune, ClientEarth has been a shareholder in Shell in order to have voting rights and obtain investor information about the company.
ClientEarth said it was inviting other shareholders to join the lawsuit, reported The Guardian. A windfall of $19 billion in profits for the oil company in 2021 may make some shareholders reluctant, however. Shell announced last month that they intend to buy back shares, which increases the value of those in the hands of the remaining shareholders.














